Borough of Ridley Park, PA Article I Adoption of Fire Prevention Standards

[Adopted 2-17-2004 by Ord. No. 1138[1]]

[1] Editor's Note: This ordinance also repealed former Art. I, Adoption of Fire Prevention Standards, adopted 4-14-1998 by Ord. No. 1084.

§ 105-1 Adoption of standards.

A. The Borough of Ridley Park hereby adopts, for the purpose of prescribing regulations governing conditions hazardous to life and property from fire or explosion, the Fire Prevention Code known as the "BOCA/National Fire Prevention Code/1999 Eleventh Edition," of which one copy has been and now is filed in the office of the Borough Manager, and the same is hereby adopted and incorporated as if fully set forth herein at length. From the date on which this chapter shall take effect, the provisions thereof shall be controlling within the corporate limits of the Borough of Ridley Park.

B. As the BOCA/National Fire Prevention Code/1999, Eleventh Edition, is amended, supplements or additions or added to, such amendments, supplements or additions shall also be established as the rules and regulations of the Borough of Ridley Park governing conditions hazardous to life and property from fire and explosion and such amendments, supplements or additions shall be incorporated as if fully set forth herein at length.

§ 105-2 Amendments.

The BOCA/National Fire Prevention Code/1999, Eleventh Edition, is hereby adopted, and amended as follows:

A. Section F-101.0 General, is hereby amended to read as follows:

F-101.1 Title: These regulations as set forth herein shall be known as the "Fire Prevention Code of the Borough of Ridley Park" and are herein referred to as such or as "this code."

B. Section F-105.0 Enforcement Authority, is hereby amended to read as follows:

F-105.1 Enforcement Officer: It shall be the duty and responsibility of the Chief of the Fire Department or his authorized assistant to enforce the provisions of the Fire Prevention Code as herein set forth. The Chief of the Fire Department is herein referred to as the "Fire Official." "Fire Official" may also hereinafter include any duly authorized designee of the Fire Chief, including but not limited to the Borough's duly authorized Code Enforcement Official/Officer.

C. Section F-107.0 Permits, is hereby amended to read as follows:

F-107.2 Permits required: Permits shall be issued by the Code Enforcement Officer/Fire Official of the Borough of Ridley Park upon application and approval of the Fire Official and upon payment of the required fee as provided in a fee schedule adopted by the Borough Council of the Borough of Ridley Park, as said fee schedule may be amended from time to time. All such permits shall expire within 30 days after issuance.

D. Section F-112.0 Violations, is hereby amended to read as follows:

F-112.1 Violations and Penalties. Any person who shall violate any of the provisions of this code or fail to comply therewith, or who shall violate or fail to comply with any order made thereunder, or who shall build in violation of any detailed statement of specifications or plans submitted and approved thereunder or any certificate or permit issued thereunder and from which no appeal has been taken or who shall fail to comply with such an order as affirmed or modified by the Borough Council of the Borough of Ridley Park or by a court of competent jurisdiction within the time fixed herein shall severally, for each and every such violation and noncompliance, respectively, be sentenced to pay a fine of not less than $25 nor more than $1,000, or be imprisoned for not less than 10 days nor more than 30 days, or both such fine and imprisonment. The imposition of one penalty for any violation shall not excuse a violation or permit it to continue; and all such persons shall be required to correct or remedy such violation(s) or defect(s) within a reasonable time; and when not otherwise specified, each 10 days that prohibited conditions are maintained shall constitute a separate offense. The application of these penalties shall not be held to prevent the enforced removal of prohibited conditions.

F-112.2 Enforcement. It shall be the duty of the Fire Official to enforce all laws and ordinances relating to the prevention of fires, the storage and use of explosives and flammables, the installation and maintenance of private fire alarm systems and fire extinguishing equipment, the maintenance and regulation of fire escapes, the means or adequacy of exit in case of fire from all buildings covered by law or this code and other places in which persons work or congregate for any purpose, and to investigate the cause, origin and circumstances of fires and or explosions.

F-112.3 Right of Entry. The Fire Official may at all reasonable hours and not less than twice yearly enter any public or private building used for any business, commercial or industrial purpose, and any apartment house or converted dwelling with two or more apartments, for the purpose of making such inspection or investigation as he may deem necessary for the prevention of fire and to secure the safety of persons from fire.

F-112.4 Removal of Fire Hazards. Whenever the said Fire Official shall find in any public building or apartment or upon any premises covered by this code, combustible or explosive matter or dangerous accumulation or rubbish or unnecessary accumulation of wastepaper, boxes, shavings or any other highly flammable material and which is situated as to endanger property, or shall find obstructions to or on fire escapes, stairs, passageways, doors or windows liable to interfere with the operation of the Fire Department or egress of occupants in case of fire, he shall order the same to be removed or remedied.

F-112.5 Remedying of Dangerous Conditions. Whenever the Fire Official shall find any public building or apartment or other structure covered by this code which, for want of repairs, lack of sufficient fire escapes, automatic or other fire alarm apparatus or fire extinguishing equipment, or by reason of age or dilapidated condition, or from any other cause, is especially liable to fire, and which is so situated as to endanger other property or the occupants thereof, and whenever such officer or authorized assistant shall find in any building covered by this code, combustible or explosive matter or flammable conditions dangerous to the safety of such buildings or the occupants thereof, he shall order such dangerous conditions or materials to be removed or to be remedied in accordance with recognized standards and practices for the prevention of fire.

F-112.6 Reports by the Fire Official. The Fire Official shall keep records of all inspections, fires and of all facts concerning the same and shall report to the Borough Council at such times as Borough Council shall request.

F-112.7 Compensation of Fire Official. Any Fire Official shall receive no compensation but shall be reimbursed by Borough Council for actual and necessary expenses approved by Council.

F-112.8 Standards and Practices to be Followed. The "recognized standards and practices for the prevention of fire" shall be held to mean the standard practices and requirements set forth by the National Fire Protection Association and as from time to time adopted by said Association.

F-112.9 Compliance with Standards. The owner, occupant or person in charge of or managing any building or premises covered by this code shall forthwith, after notice from the Fire Official so to do, correct such condition in such building or premises so that the premises, building, processes or materials shall be in such condition as to comply with the recognized standards and practices for the prevention of fire.

F-112.10 Soliciting Sales. No Fire Official shall solicit sales of any fire protective appliances or services in conjunction with the enforcement of this code.

F-112.11 Violations. The failure of any person responsible hereunder to comply with any order of the Fire Official made pursuant to the provisions of this code shall be deemed to be a violation of this code.

F-112.12 Bonfires and Rubbish Fire Regulations. No person shall kindle or maintain any bonfire, rubbish fire or burning of recyclable materials, including leaf and yard waste, or authorize any such fire to be kindled or maintained on any private land. No person shall kindle or maintain any fire on public land or highways except where permitted in proper park areas.

E. Section F-113.0 Means of Appeal, is hereby amended to read as follows:

F-113.1 Appeals: Appeals to the Board of Appeals may be taken by any person aggrieved by a decision or interpretation of the fire official made under the provisions of this code. The Board of Appeals shall consist of the Borough Council of the Borough of Ridley Park. The Board of Appeals may adopt reasonable rules and regulations for conducting its hearings. All Board hearings shall be open to the public. All resolutions or findings of the Board of Appeals shall be in writing and made available for public viewing.

§ 105-3 Sprinkler systems.

This section applies to residential, educational, commercial and industrial buildings with a minimum of three stories in height.

A. Combination systems allowed. In single-family and multifamily residential structures, a combination fire protection/sprinkler system shall be allowed. A combination fire protection system and domestic water system can utilize the same (common) water service supply pipe to the premises so long as they meet NFPA-13 and Philadelphia Suburban Water Company requirements.

B. Definitions. As used in this section, the following terms shall have the meanings indicated:

AUTHORITY HAVING JURISDICTION

The Borough of Ridley Park.

COMMERCIAL STRUCTURES

Any structure used for retail and service use which is intended to service both regional and neighborhood customers.

EDUCATIONAL STRUCTURES

Schools and other public facilities.

INDUSTRIAL STRUCTURES

Any structure used for light/limited industrial use in the form of both industrial parks and individual industrial structures.

MULTIPLE-OCCUPIED DWELLINGS

Occupancies where there are three or more living units, including but not limited to apartment houses, convents and rectories within the Borough.

SINGLE-FAMILY DWELLING

An occupancy where a living unit is occupied by members of one family, including occupancies of the same description where rooms are rented.

SPRINKLER SYSTEM

For fire protection purposes, an integrated system of underground and overhead piping designed in accordance with fire protection engineering standards. The installation includes a water supply and/or connection underground piping to a city/municipal main. The portion of the sprinkler system aboveground is a network of specially sized or hydraulically designed piping installed in a building, structure or area, generally overhead, and to which sprinklers are connected in a systematic pattern. The system includes a controlling valve and a device for activating an alarm when the system is in operation. The system is usually activated by heat from a fire and discharges water over the fire area. The sprinkler system shall meet NFPA-13 specifications for sprinkler performance.

TWO-FAMILY DWELLING

An occupancy where the living units are occupied by two separate families with independent cooking, sleeping and bathroom facilities.

C. Compliance requirements.

(1) All buildings and/or structures hereinafter constructed shall be equipped with an approved automatic sprinkler system.

(2) Plans of all proposed automatic fire protection/sprinkler system installations shall first be approved by a certified fire protection engineer and then submitted to the Borough Fire Official or his designee for approval prior to the issuance of any building permit.

(3) Vacant or unoccupied buildings or portions thereof which now have a sprinkler system shall be maintained in a workable condition at all times.

(4) Where buildings are being renovated or modified for more than 50% of their value, or having the existing area increased to an area greater than 50% of the existing area, whichever is less, the renovated, modified and/or increased area shall confirm to the provisions of this section.

(5) All buildings that shall be converted from single-family dwellings to multiple-family dwellings or increasing the number of dwelling units shall conform to the provisions of this section.

D. Installation of system.

(1) All sprinkler systems shall be installed in compliance with the applicable sections of NFPA-13, 13-D or 13-R, and any requirements imposed by the Borough Fire Chief.

(2) When an automatic sprinkler system is required by these regulations, it shall be meant to require 100% complete coverage, except as specifically allowed by exception of both the Borough Fire Official and Engineer.

(3) A complete set of drawings showing the design, spacing and location of all equipment as well as a listing of all hydraulic calculations shall be submitted to the Borough Fire Official with approved engineer seals prior to the commencement of any work.

(4) A permit shall be obtained from the Code Enforcement/Fire Official prior to the commencement of any work; application for said permit shall not be made before full compliance with Subsection D(3) above has been made.

E. Maintenance. It shall be the duty of the owner of each dwelling and/or building to maintain the fire protection system in proper operating condition at all times as per NFPA-13.

F. Testing of system.

(1) All systems shall be flow tested and inspected once a year by a certified fire protection engineer. A report on the system shall then be filed with the Borough Fire Official.

(2) All systems in existence at the time of adoption of this section of the code shall be tested and inspected in compliance with the appropriate portions of this section.

G. Enforcement. The Borough Fire Official shall ensure proper compliance of all portions of this section.

H. Liability of Borough. This section of the Fire Code creates no legal liability to the Borough of Ridley Park other than to ensure that, at the time of inspection the system was present and functional.

I. Violations and penalties. Any person who shall be convicted of a violation of any of the provisions of this section before any District Justice shall be sentenced to pay a fine of not more than a $1,000, together with the cost of prosecution, or to imprisonment in the county jail for a term not to exceed 30 days, or both.

§ 105-3.1 Effect on existing provisions.

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 authority of any of the repealed ordinances.