[HISTORY: Adopted by the Borough Council of the Borough of
Lemoyne as indicated in article histories. Amendments noted where
applicable.]
[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:
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Section 104.2 - Appeal Procedure.
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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.
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104.22 - Notice of Hearings. The Borough Manager
shall give not less than 10 days' written notice of the hearing to
the parties.
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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.
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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.
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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.
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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:
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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.
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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.
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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:
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.
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.
All members and equipment of the West Shore Bureau of Fire.
A fire.
The Manager of the Borough of Lemoyne.
An emergency involving the health of a person or persons.
Any person, group, firm, partnership, association, company,
corporation or organization of any kind.
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.
