Borough of Lemoyne, PA
Cumberland County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Borough Council of the Borough of Lemoyne as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Alarm devices — See Ch. 128.
Uniform construction codes — See Ch. 200.
[Adopted 7-2-1981 by Ord. No. 533 (Ch. 5, Part 2, of the 1984 Code of Ordinances)]
[Amended 7-2-1981 by Ord. No. 533]
For the purpose of prescribing regulations consistent with nationally recognized good practice for the standards for 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 buildings or structures "The BOCA Basic Fire Prevention Code," Fifth Edition, 1981, as published by the Building Officials Conference of America, Inc., is hereby adopted as the "Borough of Lemoyne Fire Prevention Code" and each and all of the regulations, provisions, penalties, and conditions and terms of the BOCA Basic Fire Prevention Code, Fifth Edition, 1981, are hereby referred to, adopted, and made part hereof, as if fully set out in this article with the additions, insertions, deletions, and changes, hereinafter set forth, of which not less than three copies have been and now are filed in the office of the Manager of the Borough of Lemoyne, Municipal Building, 665 Market Street, Lemoyne, Pennsylvania, and the same are hereby adopted and incorporated as fully as if set forth at length herein, and from the date of which this section shall take effect the provisions thereof shall be controlling within the corporate limits of the Borough.
The following sections of the BOCA Basic Fire Prevention Code, Fifth Edition, 1981, are hereby amended as follows:
A. 
Section F-100.1 (page 1) is hereby amended to read as follows:
F-100.0 - Title. These regulations as set forth herein shall be known as "Borough of Lemoyne Fire Prevention Code" and is herein referred to as such or as "this Code."
B. 
Section F-102.1 (page 2) is hereby amended to read as follows:
F-102.1 - Enforcement Officer. It shall be the duty and responsibility of that person (or persons) designated as Fire Prevention Code Officer by resolution of the Borough Council of Lemoyne and policemen to enforce the provisions of the Fire Prevention Code as herein set forth. The designated enforcement officer(s) of this code is (are) herein referred to as the "Fire Official."
C. 
Section F-102.7 Page 4) is hereby amended to read as follows:
F-102.7 - Rules and Regulations. The Borough Council shall have authority as may be necessary in the interest of public safety, health and general welfare to promulgate rules and regulations, to interpret and implement the provisions of the fire prevention code, to secure the intent thereof and to designate requirements applicable because of climatic or other conditions, but no such rules shall have the effect of waiving any firesafety requirements specifically provided in the fire prevention code, or violating accepted engineering practice involving public safety.
D. 
Section F-103.7 (page 5) is hereby amended to read as follows:
F-103.7 - Payment of Fees. A permit shall not be issued until the designated fees have been paid. The Borough Council shall by resolution determine the amount of such fees.
E. 
Section F-104.1 (pages 5-6) is hereby amended to read as follows:
F-104.1 - Appeals to the Board of Appeals. Appeals to the Board of Appeals may be taken by any person aggrieved by any decision or interpretation by the Fire Official made under the provisions of this code. The members of the Borough Council of Lemoyne shall act as a Board of Appeals.
F. 
Section F-104.2 (page 6) is hereby amended to read as follows:
Section 104.2 - Appeal Procedure.
104.21 - Filing Appeal. All appeals hereby shall be filed within 30 days after notice of the decision of the Fire Official. The appeal shall be filed in duplicate upon such form as the Borough Council shall prescribe and shall be filed with the Borough Manager. One copy of the appeal shall be given by the Borough Manager to the Fire Official. The parties to the appeal shall be the person filing the appeal, the owner, and the Fire Official.
104.22 - Notice of Hearings. The Borough Manager shall give not less than 10 days' written notice of the hearing to the parties.
104.23 - Hearing. The Board of Appeals shall hold public hearing within 30 days after the appeal is filed. Unless a party requests a stenographically recorded hearing, the testimony will be tape recorded. If a stenographically recorded hearing is requested, the party making the request shall pay the cost thereof.
104.24 - Evidence. The Board of Appeals shall not be bound by technical rules of evidence, and all relevant evidence of reasonable probative value may be permitted. Reasonable examination and cross-examination shall be permitted.
104.25 - Adjudication. The Board of Appeals shall in every case reach a written decision 30 days after the hearing, or if such hearing is continued, written 30 days after the continued hearing. Every decision shall be in writing and shall contain findings and the reasons for the adjudication. Every decision shall be filed in the office of the Fire Official and shall be open to public inspection. A certified copy of the decision shall be served upon all parties or their counsel personally, or by mail, not later than 10 days following the decision.
G. 
Section F-105.5.1 (page 8) is hereby amended to read as follows:
F-105.5.1 - Penalty for Violations. Any person, firm, or corporation violating any of the provisions of the code or failing to comply with any order issued pursuant to any section thereof, shall be guilty of a summary offense and, upon conviction thereof, shall be punished by a fine of not less than $50 and not more than $300 and on default of payment of fine and costs, shall be imprisoned for not more than 30 days. Each day that a violation continued after due notice thereof has been served in accordance with the terms and provisions of this code shall be deemed a separate offense.
H. 
Section F-304.1 (page 18) is hereby amended to read as follows:
F-304.1 - General. Accumulations of wastepaper, wood, hay, straw, weeds, litter or combustible or flammable waste or rubbish of any kind shall not be permitted to remain upon any roof or porch or in any court, yard, vacant lot, alley, parking 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. All combustible rubbish, oily rags or waste material when kept within a building, shall be stored in approved metal containers. Storage shall not produce conditions which in the opinion and judgment of the Fire Official will tend to create a nuisance or a hazard to the public health, safety or welfare.
I. 
Section F-311.0 (pages 21-22) is hereby amended by adding the following thereto:
F-311.3 - Establishment of Fire Lanes at Commercial Buildings and Places of Public Assembly. There shall be maintained on private property held open or devoted to public use one or more fire lanes to provide unimpeded ingress and egress for fire department vehicles, equipment, and personnel of at least 12 feet in width. The lanes shall be laid out by the property owner after consultation with the Fire Chief and Police Chief, and shall be so located as to provide convenient access to the buildings and the fire hydrant servicing the buildings. The lanes shall be marked in such a way as to provide reasonable notice to the public of the existence of the lane.
Any person or persons who obstructs or causes to be obstructed a fire lane shall be guilty of a violation of this article and, upon conviction thereof, shall be fined not less than $5 or more than $300 and costs of prosecution.
J. 
Whenever the word "municipality" is used in the BOCA Basic Fire Prevention Code, Fifth Edition, 1981, it shall mean "Borough of Lemoyne."
Whenever any provision or requirement of regulation for the Department of Labor and Industry of the Commonwealth of Pennsylvania is more stringent or stricter than a provision or requirement of this article, the applicable provision or requirement of regulations of the said Department of Labor and Industry shall supersede any such provision or requirement of this code.
The provisions of this article, as far as they are the same as those of ordinances in force immediately prior to the enactment of this article, are intended as a continuation of such ordinances and not as new enactments. The provisions of this article shall not affect any act done or liability incurred, nor shall they affect any suit or prosecution pending or to be instituted to enforce any right or penalty or to punish any offense under the authority of any ordinance repealed or amended by this article.
The provisions of this article shall be severable, and if any of its provisions shall be held to be unconstitutional, illegal, or invalid, such decision shall not affect the validity of any remaining provisions of this article. It is hereby declared as a legislative intent that this article would have been adopted had such unconstitutional, illegal, or invalid provision not be included herein.
[Adopted 5-3-2001 by Ord. No. 643]
This article shall be known and may be cited at the "Key Lock Box Ordinance."
As used in this article, the following words, terms and phrases shall have the meaning therein ascribed thereto unless the context clearly indicates a different meaning:
AUTOMATIC DETECTION SYSTEM
Any engineered system, device, equipment, mechanical, electrical or battery-operated arrangement to activate an alarm or signal of the occurrence of a police, fire, hazard or emergency medical personnel are expected to respond.
AUTOMATIC SUPPRESSING SYSTEM
Any engineered system that automatically detects a fire, activates an alarm or suppresses a fire by application of an extinguishing agent through fixed piping or nozzle.
FIRE COMPANIES
All members and equipment of the West Shore Bureau of Fire.
FIRE EMERGENCY
A fire.
MANAGER
The Manager of the Borough of Lemoyne.
MEDICAL EMERGENCY
An emergency involving the health of a person or persons.
PERSON
Any person, group, firm, partnership, association, company, corporation or organization of any kind.
POLICE DEPARTMENT
All members of the West Shore Regional Police Department.
All structures within the Borough having an automatic detection system and/or an automatic suppression system that are secured in a manner that restricts access during an emergency, including but not limited to multifamily residential structures that have restricted access through a locked door or have a common corridor for access to the living units, governmental structures, health care facilities, schools, churches, shall be equipped with a key lock box at or near the main entrance in such other location required and approved by the Borough Manager or his designee. Single-family residential dwelling having independent means of ingress and egress shall be exempt for this requirement.
The owners of each newly constructed structure subject to this chapter shall have a key lock box installed and operational prior to the issuance of an occupancy permit. The owner of each structure in existence on the effective date of this article shall have one year from the effective date to have a key lock box installed an operational.
The key lock box shall be an Underwriters Laboratories type and approved by the Borough Manager or his designee. The key lock box will be equipped with a lock which can be opened only with a key that is issued only to the Borough Manager or his designee. Emergency vehicles will be equipped with one key that is held in a special security device. The structure owner shall not be able to obtain a key to open the lock box.
The key lock box shall be mounted on the structure entrance at a height of between four feet to six feet and within three feet of the direct access port or such other location approved by the Borough Manager or his designee. Flush-mounted or surface-recessed key lock box installations will be permitted, provided that the key lock box is clearly marked. Once the key lock box is installed, the owner of the structure shall contact the Borough Manager or his designee during regular office hours to arrange for the owner of the structure to be contacted and visited by a member of the West Shore Bureau of Fire and a member of the West Shore Regional Police Department to inspect the key box and install the access keys.
The key lock box shall contain keys to locked ports of entrance, whether on the interior or exterior of the structure, keys to locked mechanical equipment rooms, keys to locked electrical rooms, keys to elevator controls, keys to any fenced or secured area, floor plan of the rooms within the structure denoting any utility disconnects or controls, fire alarm panels or control and any hazardous materials stored in the structure. If contents of the key lock box must be added or removed, arrangements shall be made with the Borough Manager or his designee to visit the structure to open the box, inspect the change of contents and then lock the box.
The owner of the structure required to have a key lock box shall provide a list of contact persons, including names, home addresses and telephone number to the Borough Manager or his designee. The owner of the structure shall immediately upon any change with respect thereto furnish the Borough Manager with such information with respect to such change.
Any person who violates any provision of this article, upon summary conviction thereof, shall be sentenced to pay a fine of not less than $100 nor more than $1,000, plus cost of prosecution and, in default of payment of said fine an costs, be imprisoned in Cumberland County Prison for a period of not more than 30 days. Each day's violation of any provision of this article shall constitute a separate offense.