[HISTORY: Adopted by the Borough Council of the Borough of
Wyalusing as indicated in article histories. Amendments noted where
applicable.]
[Adopted 12-19-2005 as
Ch. 10, Art. I, of the 2005 Code]
There is hereby adopted by the Borough of Wyalusing the fire
control measures and regulations as herein set forth for the purposes
of controlling conditions, which could impede or interfere with fire-suppression
forces. This article shall be known and may be cited as the "Fire
Control Ordinance."
The Fire Official or his duly authorized representatives, as
may be in charge at the scene of a fire or other emergency involving
the protection of life and/or property, is empowered to direct such
operations as may be necessary to extinguish or control any suspected
or reported fires, gas leaks or other hazardous conditions or situations
or of taking any other action necessary in the reasonable performance
of his duty. The Fire Official may prohibit any person, vehicle or
object from approaching the scene and may remove or cause to be removed
from the scene any person, vehicle or object which may impede or interfere
with the operations of the Fire Department. The Fire Official may
remove or cause to be removed any person, vehicle or object from hazardous
areas. All persons ordered to leave a hazardous area shall do so immediately
and shall not reenter the area until authorized to do so by the Fire
Official.
It shall be unlawful to interfere with, attempt or conspire
to interfere with, obstruct or restrict the mobility of or block the
path of travel of any Fire Department emergency vehicle in any way
or to interfere with, attempt or conspire to interfere with, obstruct
or hamper any Fire Department operation.
A person shall not willfully fail or refuse to comply with any
lawful order or direction of the Fire Official or interfere with the
compliance attempts of another individual.
A vehicle shall not be driven or propelled over any unprotected
fire hose of the Fire Department when laid down on any street, alleyway,
private drive or any other vehicular roadway without the consent of
the Fire Official in command of said operation.
As used in this article, the following terms shall have the
meanings indicated:
Restricted to those which are defined and authorized under
the laws of the Commonwealth of Pennsylvania.
Upon the approach of any authorized emergency vehicle giving
audible and visual signal, the operator of every other vehicle shall
immediately drive the same to a position as near as possible and parallel
to the right-hand edge or curb of the street or roadway, clear of
any intersection, and shall stop and remain in such position until
the authorized emergency vehicle or vehicles shall have passed, unless
otherwise directed by the Fire Official or a police officer.
It shall be unlawful for the operator of any vehicle, other
than one on official business, to follow closer than 500 feet to any
fire apparatus traveling in response to a fire alarm or to drive any
vehicle within the block or immediate area where fire apparatus has
stopped in answer to a fire alarm.
A person shall not, without proper authorization from the Fire
Official in charge of said Fire Department emergency equipment, cling
to, attach himself to, climb upon or into, board or swing upon any
Fire Department emergency vehicle, whether the same is in motion or
at rest, or sound the siren, horn, bell or other sound-producing device
thereon or manipulate or tamper with or attempt to manipulate or tamper
with any levers, valves, switches, starting devices, brakes, pumps
or any equipment or protective clothing on or a part of any Fire Department
emergency vehicle.
It shall be unlawful for any person to damage or deface or attempt
or conspire to damage or deface any Fire Department emergency vehicle
at any time or to injure or attempt to injure or conspire to injure
Fire Department personnel while performing departmental duties.
The driver of any emergency vehicle, as defined in § 220-7 of this article, shall comply with all laws of the Pennsylvania Motor Vehicle Code pertaining to the operation of such vehicle.
A.
It shall be unlawful to obscure from view, damage, deface, obstruct
or restrict the access to any fire hydrant or any Fire Department
connection for the pressurization of fire-suppression systems, including
fire hydrants and Fire Department connections that are located on
public or private streets and access lanes or on private property.
B.
If, upon the expiration of the time mentioned in a notice of violation,
obstructions or encroachments are not removed, the Fire Official shall
proceed to remove the same. Cost incurred in the performance of necessary
work shall be paid from the municipal treasury on certificate of the
Fire Official and with the approval of the chief administrative official.
The legal authority of the municipality shall institute appropriate
action for the recovery of such costs.
A person shall not use or operate any fire hydrant intended
for the use of the Fire Department for fire-suppression purposes,
unless such person first secures a permit for such use from the Fire
Official and the water company having jurisdiction. This section shall
not apply to the use of such hydrants by a person employed by and
authorized to make such use by the water company having jurisdiction.
The Fire Official shall recommend to the Chief Administrative
Official of the municipality the location or relocation of new or
existing fire hydrants and the placement or replacement of inadequate
water mains located upon public property and deemed necessary to provide
an adequate fire flow and distribution pattern. A fire hydrant shall
not be placed into or removed from service until approved by the Fire
Official.
All new and existing shipyards, oil-storage plants, lumberyards,
amusement or exhibition parks and educational or institutional complexes
and similar occupancies and uses involving high fire or life hazards
and which are located more than 150 feet from a public street or which
require quantities of water beyond the capabilities of the public
water distribution system shall be provided with properly placed fire
hydrants. Such fire hydrants shall be capable of supplying fire flows
as required by the Fire Official and shall be connected to a water
system in accordance with accepted engineering practices. The Fire
Official shall designate and approve the number and location of fire
hydrants. The Fire Official may require the installation of sufficient
fire hose and equipment housed in accordance with the approved rules
and may require the establishment of a trained fire brigade when the
hazard involved requires such measures. Private hydrants shall not
be placed into or removed from service until approved by the Fire
Official.
A person shall not obstruct, remove, tamper with or otherwise
disturb any fire hydrant or fire appliance required to be installed
or maintained under the provisions of the Fire Prevention Code, except
for the purpose of extinguishing a fire, training or testing purposes,
recharging or making necessary repairs or when permitted by the Fire
Official. Whenever a fire appliance is removed as herein permitted,
it shall be replaced or reinstalled as soon as the purpose for which
it was removed has been accomplished. Defective and nonapproved fire
appliances or equipment shall be replaced or repaired as directed
by the Fire Official.
A person shall not sell, trade, loan or give away any form,
type or kind of fire extinguisher which is not approved by the Fire
Official or which is not in proper working order or the contents of
which do not meet the requirements of the Fire Official. The requirements
of this section shall not apply to the sale, trade or exchange of
obsolete or damaged equipment for junk when said units are permanently
disfigured or marked with permanent signs identifying the units as
junk.
A person or persons shall not erect, construct, place or maintain
any bumps, fences, gates, chains, bars, pipes, wood or metal horses
or any other type of obstruction in or on any street within the boundaries
of the municipality. The word "street," as used in this article, shall
mean any roadway accessible to the public for vehicular traffic, including
but not limited to private streets or access lanes, as well as all
public streets and highways within the boundaries of the municipality.
[Amended 8-7-2017]
A.
Permits. Any permit required in connection with this Fire Prevention
and Control Ordinance, which requires a permit fee, shall be set by
resolution by the Wyalusing Borough Council.
B.
Civil enforcement. Any person, firm or corporation who shall violate
any provision of this article shall, upon being found in violation
thereof, be subject to a civil penalty not to exceed $600 per violation
for each day of violation and for violation of each applicable section
of the article. If the penalty is not paid, the Borough shall initiate
a civil action for collection in accordance with the Pennsylvania
Rules of Civil Procedure.
C.
In addition, if found in violation, the violator shall be subject
to the assessment for court costs and reasonable attorney fees incurred
by the Borough in enforcement proceedings.
D.
The Council delegates the initial determination of the article violation
and service of notice of violation to the Code Enforcement Officer.
The Borough may enforce the article in equity in the Bradford County
Court of Commons.
[Adopted 12-19-2005 as
Ch. 10, Art. II, of the 2005 Code]
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
A certain document, three copies of which are on file in the
office of the Borough Secretary of the Borough of Wyalusing, being
marked and designated as the "International Fire Code," including
Appendix Chapters A, B, C, D, E, F, G (see International Fire Code
Section 101.2.1, 2015 Edition), as published by the International
Code Council, be and is hereby adopted as the code of the Borough
of Wyalusing for regulating and governing the safeguarding of life
and property from fire and explosion hazards arising from the storage,
handling and use of hazardous substances, materials and devices, and
from conditions hazardous to life or property in the occupancy of
buildings and premises in the Borough of Wyalusing and providing for
the issuance of permits for hazardous uses or operations; and each
and all of the regulations, provisions, conditions and terms of such
International Fire Code, 2015 Edition, published by the International
Code Council, on file in the office of the Borough Secretary are hereby
referred to, adopted and made a part hereof as if fully set out in
this article.
The following sections are hereby revised:
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
The limits referred to in certain sections of the 2015 International
Fire Code are hereby established as follows:
A.
Section 3204.3.1.1 (limits in which the storage of flammable cryogenic
fluids in stationary containers is prohibited in the entire Borough
except the Agricultural District).
B.
Section 3404.2.9.5.2 (limits in which the storage of Class I and
Class II liquids in aboveground tanks outside of buildings is prohibited
in the entire Borough except the Agricultural District).
C.
Section 3406.2.4.4 (limits in which the storage of Class I and Class
II liquids in aboveground tanks is prohibited in the entire Borough
except the Agricultural District).
D.
Section 3804.2 (limits in which the storage of liquefied petroleum
gas is restricted for the protection of heavily populated or congested
areas in the entire Borough except the Agricultural District).
[Amended 8-7-2017; at
time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
Ordinance No. 1990-9 of the Borough of Wyalusing, entitled "Fire
Prevention - BOCA National Fire Prevention Code, 1993" and all other
ordinances or parts of ordinances in conflict herewith are hereby
repealed.
[Added 8-7-2017]
In the event that any individual section or provision within
this article shall be found invalid, the invalidity shall pertain
only to the specific section, and all other aspects of this article
shall remain in full force and effect.
