[HISTORY: Adopted by the Borough Council of the Borough of Bath 6-1-1998 by Ord. No. 520 (Ch. 87, Art. II, of the 2005 Code of Ordinances). Amendments noted where applicable.]
The portions of a certain Fire Prevention Code as more fully identified below, two copies of which are on file in the office of the Borough Manager of the Borough of Bath, being marked and designated as the "BOCA National Fire Prevention Code, Tenth Edition, 1996," as published by the Building Officials and Code Administrators International, Inc., are hereby adopted as the "Fire Prevention Code of Borough of Bath" in the Commonwealth of Pennsylvania; for the control of operations as herein provided; and each and all of the regulations, provisions, penalties, conditions and terms in the chapters identified below of said BOCA National Fire Prevention Code/1996 are hereby referred to, adopted, and made a part hereof, as if the same were fully set out in this article, together with the additions, insertions, deletions, and changes, as prescribed in § 310-12 of this article:
The above-referenced portions of the BOCA National Fire Prevention Code/1996 shall be completed, amended and changed in the following respects:
Chapter 1, Administration:
Section F-101.0 General, Section F-101.1 Title (Page 3): insert the "Borough of Bath" for "[NAME OF JURISDICTION]."
Section F-107.0 Permits, Subsection F-107.2 Permits Required, F-107.2.3 Permits (Page 5): delete the printed text, and replace it with the following:
"Permit requirements, and the fee for said permits and inspections, shall be as shown on the accompanying Table F-107.2.3 Permit Requirements" (from Page 6 of the above-referenced BOCA National Fire Prevention Code/1996, Tenth Edition)."
Section F-112.0 Violations:
Subsection F-112.2 Failure to Correct Violations (Page 8): add the following sentence at the end:
"The code official shall be empowered to issue citations, notices of violation, and orders to comply, for any violation of or offense against this code."
Subsection F-112.3 Penalty for Violations (Page 8): delete the printed text, and replace it with the following:
"Any person who violates any of the provisions of this code, or who fails to comply with any order issued pursuant to any section thereof, shall be liable for a civil penalty, upon a finding and judgment to that effect by the Magisterial District Judge or any other court of competent jurisdiction. The amount of such a civil penalty shall be not less than $100, nor more than $1,000 for each such violation; plus the costs of filing the legal action, and together with reasonable attorney's and expert witness fees incurred by the Borough of Bath in the action. Each day that any violation is found to have continued shall be deemed to be a separate violation, and as such, subject to separate civil penalties."
Section F-113.0 Means of Appeal (Pages 8 - 9):
Delete the printed text of Subsection F-113.1 Application for Appeal: (Page 8), and replace it with the following:
"F-113.1 Application for Appeal: Any person who is affected by a decision of the code official, or a notice or order issued under this code, shall have the right to appeal said decision, notice, or order to the Board of Appeals that is established by this code. Provided, that the appeal shall be filed in writing with the Borough Manager within 20 days after the aforesaid decision, notice, or order was issued. The appeal shall be based on a claim that either: the true intent and purposes of this code or the rules legally adopted or applied hereunder have been incorrectly interpreted; the provisions of this code do not fully apply; or the requirements and purposes of this code are adequately satisfied by other means."
Delete printed Subsection F-113.2 Membership of Board (Page 8), through and including Subsection F-113.7 Court Review (Page 9), and replace them with the following:
"Subsection F-113.2 Board of Appeals: The Borough Council of the Borough of Bath shall be authorized, directed, and empowered to serve as the Board of Appeals for and under this code. The membership of the Borough Council and its procedures for all appeals under this code shall be the same as for "Conditional Use" applications before the Borough Council under the Zoning Ordinance of the Borough of Bath, and the Pennsylvania Municipalities Planning Code ("MPC"), as each may be amended from time to time. At the conclusion of the appeal, the code official shall take immediate action in accordance with the decision of the Board of Appeals."
"Subsection F-113.3 through Subsection F-113.6: "(Reserved for future use)"
Subsection F-113.7 Court Review (Page 9): delete the existing printed text, and replace it with the following:
"All further or subsequent appeals from any decision or determination by the Borough Council under this code, acting and functioning as the Board of Appeals under this code, shall be to the Northampton County Court of Common Pleas, pursuant to the Pennsylvania "Local Agency Law, specifically "Chapter 7-Judicial Review, Subchapter B. - Judicial Review of Local Agency Action", Section 751, et seq. which is codified at Title 2 of Purdon's Pennsylvania Consolidated Statutes Annotated, Section 751 (2 Pa.C.S.A. § 751) et seq., as amended from time to time."
Chapter 30, Explosives, ammunition and blasting agents.
Section F-3001.0 General (Pages 121 - 122), delete printed Subsection F-3001.3 Bond Required for Blasting (Page 121), and replace it with the following:
"Subsection F-3001.3 Insurance Requirements for Blasting: Before any approval for blasting is issued, the applicant for approval shall submit a "Certificate of Insurance," and supporting documentation for that insurance as, set forth below, to the code official. No approval for blasting shall be issued or shall become effective until the code official has been satisfied that these requirements have been complied with and fulfilled."
"F-3001.3.1 Insurance Coverages: The applicant shall provide and maintain in force at all times during the blasting operations (including preparation and clean-up) the following insurance coverages, at minimum:
F-3001.3.1.1 Worker's Compensation: Statutory minimums.
F-3001.3.1.2 Commercial General Liability: $1,000,000 per occurrence, $1,000,000 aggregate, but with an endorsement waiving the aggregate limit to be applicable in total to this project. "XCU" (Explosion, Collapse, Underground) coverage for property damage shall be included, and those endorsements shall be specifically noted.
F-3001.3.1.3 Umbrella: $5,000,000 aggregate.
F-3001.3.1.4 Basis/Timing of Coverage: All policies shall be written on the "occurrence" basis."
F-3001.3.2 Certificate of Insurance: The applicant shall submit, on or before approval of the application and issuance of a permit, a "Certificate of Insurance" that complies with the following requirements:
F-3001.3.2.1: The "Borough of Bath" shall be shown as both a "Certificate Holder" and as an "Additional Insured."
F-3001.3.2.2: The Certificate of Insurance shall be dated or issued within 10 days before its submission to the code official. Furthermore, the Certificate shall provide that the insurance policies which are shown on that Certificate shall not be cancelled or materially modified without providing 30 days' prior written notice to the Certificate Holder, the Borough of Bath."
F-3001.3.3 Insurance Company Qualifications: Before any permit for blasting is issued or becomes effective, the applicant (or its insurance broker) shall submit written documentation that each of the insurance companies, which is providing one or more of the coverages required by Subsection F-300 1.3 Insurance Requirements for Blasting of this code, complies with each of the following requirements:
F-3001.3.3.1: Rated "A" or better by the A.M. Best Company's Insurance Services Office, or an equivalent rating by Moody's, Standard & Poor's, or any other well-accepted insurance company rating service.
F-3001.3.3.2: Size classification of "IX" or larger by Best's Insurance Services, Inc., or an equivalent rating by Moody's, Standard & Poor's, or any other well-accepted insurance company rating service.
F-3001.3.3.3: Authorized and licensed to issue and underwrite that type of insurance coverage in Pennsylvania by the Pennsylvania Commissioner of Insurance.
F-3001.3.3.4: "Admitted" to the Pennsylvania Insurance Guarantee Fund.
F-3001.3.3.5: Documentation of compliance with these requirements may consist of a letter from the applicant's insurance broker or company that specifically mentions and certifies compliance with these requirements; legible copies of the most recent issue of "Best's Insurance Manual," or equivalent; legible copies of documents issued by official agencies (such as the Pennsylvania Commissioner of Insurance), which copies are certified by that agency to be true, correct, complete, and still in force; or any other form of writing or documentation that is acceptable to the code official or to the Borough Manager."
F-3001.3.4 Modifications and Waivers: The code official and the Borough Manager, acting jointly, shall be authorized and empowered to modify one or more of the foregoing requirements (including making them more stringent) or to waive them, for good cause shown, upon a written recommendation to that effect from either the Borough Engineer or the Borough's insurance adviser.
Section F-3003.0 General Requirements (Page 123), Subsection F-3003.2 Storage (Page 123): delete the existing printed text, and replace it with the following:
"The limitations established by law as the limitations of the district, where storage of explosive materials is prohibited, shall be and hereby are established, as the entire Borough of Bath, within its corporate, political, and geographic boundaries; but subject to the two "Exceptions" as set forth below (relating to temporary storage for approved blasting operations, and small stocks of ammunition and for explosive-actuated power tools)."
Section F-3009.0 Blasting (Pages 129 - 130), Subsection F-3009.7 Notice (Page 129): delete the existing printed text, and replace it with the following:
"The applicant shall comply and conform with the notification procedures as set forth below:
Section P-3009, shall be as follows:
P-3009.13.1 Chapter 77, Noncoal mining, Subchapter I - Environmental, Protection Performance Standards, Use of Explosives Sections:
F-3009.13.2 Article IV, Occupational health and safety, Chapter 210, Use of explosives, Subchapter A - Blaster's License, Sections:
F-3009.13.3 Article IV, Occupational health and safety, Chapter 211, Storage, handling, and use of explosives, particularly (but not limited to) the Sections under the following headings:
Continuation. The provisions of this chapter and of the Fire Prevention Code hereby adopted, insofar as they are the same as those of any ordinances and/or codes in force immediately prior to the enactment of this chapter, are intended as a continuation of such ordinances and codes, and not as new enactments.
Saving clause. Nothing in this chapter or in the Fire Prevention Code 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 acquired or existing, under any code, act or ordinance which may be repealed by this chapter; nor shall any just or legal right or remedy of any character be lost, impaired or affected by the enactment of this code or ordinance.
Severability. If any provision of this code or this chapter or the application thereof is held invalid, such invalidity shall not affect any other provisions or applications of this code or this chapter. The remaining provisions shall be given full force and effect as completely as if the part or parts held invalid had not been included herein.