[HISTORY: Adopted by the Board of Commissioners of Penn Township 7-1-1991 by Ord. No.
424. Amendments noted where applicable.]
GENERAL REFERENCES
Building construction — See Ch. 100.
[Amended 4-19-2010 by Ord. No. 713; 2-18-2019 by Ord. No. 815]
Except to the extent otherwise adopted by the Commonwealth of Pennsylvania as part of the Pennsylvania Uniform Construction Code, a certain document, a copy of which is on file in the office of the Secretary of the Township of Penn, being marked and designated as the "International Fire Code, 2015 edition," including Appendix Chapters A through M, inclusive, as published by the International Code Council, be and is hereby adopted as the Fire Code of the Township of Penn, York County, Pennsylvania; 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, material and devices, and from conditions hazardous to the life or property in the building or premises as herein provided; providing for the issuance of permits and collection of fees therefor; and each and all of the regulations, provisions, penalties, conditions and terms of said Fire Code on file in the office of the Secretary of the Township of Penn which are hereby referred to, adopted, and made part hereof, as if fully set out in this chapter, with the additions, insertions, deletions and changes, if any, prescribed in § 160-4 of this ordinance.
Ordinance No. 272 of Penn Township entitled "An ordinance of
the Township of Penn, York County, adopting a Fire Prevention Code
prescribing regulations governing conditions hazardous to life and
property from fire or explosion, and fixing penalties for violations"
and all other ordinances or parts of ordinances in conflict herewith
are hereby repealed, including original Chapters 72 and 74 of the
Penn Township Code.[1]
[1]
Editor's Note: Original § 72-3, Enforcement;
reports; assistance, which immediately followed this section, was
repealed 9-19-1994 by Ord. No. 482.
B.
Use group classifications.
(1)
Use Group R-1 structures. This use group shall include all hotels,
motels, boardinghouses and similar buildings arranged for shelter
and sleeping accommodations and in which the occupants are primarily
transient in nature, making use of the facilities for a period of
less than 30 days.
(2)
Use Group R-2 structures. This use group shall include all multiple-family
dwellings having more than two dwelling units, except as provided
for in the Use Group R-3 for multiple single-family dwelling units,
and shall also include all boardinghouses and similar buildings arranged
for shelter and sleeping accommodations in which the occupants are
primarily not transient in nature. A dormitory facility which accommodates
more than five persons more than 2 1/2 years of age shall be
classified as Use Group R-2.
(3)
Use Group R-3 structures. This use group shall include all buildings
arranged for the use of one- or two-family dwelling units, including
not more than five lodgers or boarders per family and multiple single-family
dwellings where each unit has an independent means of egress and is
separated by a two-hour fire separation assembly. In multiple single-family
dwellings which are equipped throughout with an approved automatic
sprinkler system, the fire-resistant rating of the dwelling unit separation
shall not be less than one hour. Dwelling unit separation walls shall
be constructed as fire petitions.
(4)
Use Group I-1 structures. This use group shall include buildings
and structures, or parts thereof, which house six or more individuals
who, because of age, mental disability or other reasons, must live
in a supervised environment but who are physically capable of responding
to an emergency situation without personal assistance. Where accommodating
persons of the above description, the following types of facilities
shall be classified as I-1 facilities: board and care facilities,
halfway houses, group homes, social rehabilitation facilities, alcohol
and drug centers and convalescent facilities. A facility such as the
above with five or fewer occupants shall be classified as a residential
use group.
[Amended 4-19-2010 by Ord. No. 713; 4-19-2010 by Ord. No. 713; 5-21-2012 by Ord. No. 740; 6-16-2014 by Ord. No. 762; 2-18-2019 by Ord. No. 815]
The following sections are hereby revised:
A.
Section 101 Scope and general requirements.
(1)
Section 101.1 shall be amended to read:
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101.1 Title: These regulations shall be known as
the Fire Code of Penn Township, hereinafter referred to as "this code."
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(2)
Section 101.2.1 shall be amended to read:
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101.2.1 Appendices: The provisions of Appendices
A through M contained herein are hereby adopted.
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B.
Section 105 Permits.
(1)
Section 105.1.1 Permits required. The following paragraph shall be
added:
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Permits required by this code shall be obtained from the Fire
Code Official. Permit fees shall be set by resolution, from time to
time, by the Penn Township Board of Commissioners and shall be paid
prior to the issuance of the permit. Issued permits shall be kept
on the premises designated therein at all times and shall be readily
available for inspection by the Fire Code Official.
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(2)
Section 105.6 shall be amended to read:
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105.6 Required operational permits. The Fire Code
Official is authorized to issue operational permits for the operations
set forth in Sections:
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105.6.15 Explosives
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105.6.16 Fire hydrants and valves
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105.6.32 Open burning
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(3)
Section 105.7 shall be amended to read:
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105.7 Required construction permits. The Fire Code
Official is authorized to issue construction permits for work as set
forth in Sections:
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105.7.1 Automatic fire extinguishing systems
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105.7.6 Fire alarm and detection systems and related equipment
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105.7.13 Private fire hydrants
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105.7.17 Standpipe systems
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C.
Section 109 Violations.
(1)
Section 109.4 shall be amended to read:
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109.4 violation penalties. Persons who shall violate
a provision of this code or fail to comply with any of the requirements
thereof or who shall erect, install, alter, repair or do work in violation
of the approved construction documents or directive of the Fire Code
Official, or of a permit or certificate used under provisions of this
code, shall, upon conviction thereof before any Magisterial District
Judge in a summary proceeding, be sentenced for each such violation
to pay a fine not exceeding $1,000, and costs of such proceedings,
and in default thereof to undergo imprisonment for a period not exceeding
30 days. Each day that a violation continues after due notice has
been served shall be deemed a separate offense.
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D.
Section 111 Stop work order.
(1)
Section 111.4 shall be amended to read:
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111.4 Failure to comply. Any person who shall continue any work after having been served with a stop work order, except such work as the person is directed to perform to remove a violation or unsafe condition, shall be guilty of a Municipal Code violation as listed and punishable under Chapter 1, Article II, General Penalty, of the Penn Township Code.
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E.
Section 113 Fees.
(1)
Section 113.2 shall be amended to read:
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113.2 Schedule of permit fees. A fee for each permit or inspection shall be paid as required, in accordance with the schedule as established by the applicable governing authority. Failure of any person to comply with the payment of fees shall subject that person to the fines and penalties as set forth in Chapter 1, Article II, General Penalty, of the Penn Township Code.
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F.
Section 307 Open burning, recreational fires and portable outdoor
fireplaces.
(1)
Section 307.1.1 Prohibited open burning. The following shall be added:
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Open burning shall not be used for waste disposal purposes,
shall be of the minimum size for the intended purpose, and the fuel
chosen must minimize the generation and emission of air contaminates.
Open burning that will be offensive or objectionable because of smoke
or odor emissions when atmospheric conditions or local circumstances
make such fires hazardous shall be prohibited. The Fire Code Official
is authorized to order extinguishments by the permit holder or the
fire department of open burning, which creates or adds to a hazardous
or objectionable situation. The Fire Code Official may rely on the
Fire Chief or his designated representative to verify the content
of the material to be burned, as well as any other public safety considerations
which may fall within the realm of their expertise.
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(2)
Section 307.2 shall be amended to read:
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307.2 Permit required. A permit shall be obtained
from the Fire Code Official in accordance with Section 105.6 prior
to kindling a fire for (1) burning of fence rows, fields, agricultural
fields and materials relating to farming by the occupant of a tract
of land consisting of not less than 10 contiguous acres; (2) range
or wildlife management practices, prevention or control of disease
or pests; (3) a bonfire. Permits require the payment of a fee, which
shall be set by resolution from time to time. Annual permits must
be renewed during the month of May. Permits not renewed by June 1
of each year shall be expired, and a new permit will be required before
burning can resume.
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(3)
The following section shall be added:
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Section 307.2.2 Notification. Notification of open burning shall
be submitted in writing at least three days in advance and shall be
in such form and contain any and all information required by the Fire
Code Official. Said notification shall contain, at a minimum, the
purpose of the proposed burn, the nature and quantities of material,
the date(s) when the burn will occur, and the location of the burn
site.
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A.
When, in the opinion of the Code Official, delay in the enforcement
of any provision of this chapter or the Fire Prevention Code during
the pendency of any proceedings for its enforcement would create or
permit to exist a clear and present danger to the safety of persons
and property in Penn Township, the Code Official shall make application
to the Court of Common Pleas of York County for a preliminary injunction
with or without notice, as the court may determine.
[Amended 9-19-1994 by Ord. No. 482]
B.
In the event that any person resists or prevents the Code Official
in the exercise of the right of entry and inspection set forth in
the Code, Section F-107.0, the Code Official may likewise make application
to the Court of Common Pleas for injunctive relief in the matter set
forth.
[Amended 9-19-1994 by Ord. No. 482]
C.
The enumeration of the above specific instance of equitable remedies
shall not be construed to limit or deny the right of Penn Township
or any person to such equitable or other remedies as may otherwise
be available, with or without process of law.
