[HISTORY: Adopted by the Board of Supervisors
of the Township of Bern as indicated in article histories. Amendments
noted where applicable.]
[Adopted 8-20-1991 by Ord. No. 120]
There is hereby adopted by the Township of Bern,
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.
The Fire Chief of the primary responding Fire
Department so designated by established protocol to 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 their
duty. The Fire Chief, Fire Marshall or a duly authorized representative
thereof 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 Marshal or duly authorized representative
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 re-enter the area until authorized
to do so by the Fire Marshal or any fire official in charge of the
scene of the fire.
It shall be unlawful to interfere with, attempt
to interfere with, 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 to interfere,
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 Marshal or
any fire official in charge of the scene of the fire or other emergency
involving the protection of life and/or property or to 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 Marshal or any fire official in charge
of the scene of the fire in command of said operation.
Authorized emergency vehicles shall be restricted
to those which are defined and authorized under the laws of the Commonwealth
of Pennsylvania.
It shall be unlawful for the operator of any
vehicle, other than one on official business, to follow closer than
300 feet from 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 to answer to a fire alarm.
A person shall not, without proper authorization
from the Fire Marshal or fire official in charge of said fire 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 to 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.
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. If, upon the expiration of the time mentioned in a notice
of violation, obstructions or encroachments are not removed, the Fire
Marshal 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 Marshal and with the approval of the chief administrative
official, and 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 use by the Fire Department for fire suppression purposes
unless such person first secures a permit for such use from the Fire
Marshal 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 Bern Township Fire Marshal shall recommend
to the chief administrative official of the municipality the location
or relocation of new or existing fire hydrants and 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 Marshal.
All new and existing manufacturing facilities,
lumberyards, amusement or exhibition parts 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 Marshal and shall be connected
to a water system in accordance with accepted engineering practices.
The Fire Marshal shall designate and approve the number and location
of fire hydrants. The Fire Marshal 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 Marshal.
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 fires, training or testing
purposes, recharging, or making necessary repairs, or when permitted
by the Fire Marshal. 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 non-approved
fire appliances or equipment shall be replaced or repaired as directed
by the Fire Marshal.
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 Marshal or which is not in proper working order, or the
contents of which do not meet the requirements of the Fire Marshal.
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 a permanent sign identifying
the unit 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 or
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.
A person shall not erect, construct, place or
maintain any obstruction of any kind or otherwise cause, suffer or
permit any motor vehicle to park, stop or otherwise obstruct in or
any area within any parking lot, driveway, thoroughfare or street
within the boundaries of the Township of Bern, designated as a fire
lane by order of the Bern Township Fire Marshall pursuant to the authority
granted by the Bern Township Fire Code, as amended. 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 Township of Bern.
[Amended 3-5-2002 by Ord. No. 195-2002]
This article shall be enforced by action brought
before a District Justice in the same manner provided for the enforcement
of summary offenses under the Pennsylvania Rules of Criminal Procedure.
Any person who violates or permits the violation of this article shall,
upon conviction in a summary proceeding, be punishable by a fine of
not more than $1,000 or by imprisonment for a term not exceeding 90
days. Each day or portion thereof that such violation continues, or
is permitted to continue, shall constitute a separate offense. Each
section of this article that is violated shall also constitute a separate
offense.[1]
[1]
Editor's Note: Former Art. II, Adoption of
Standards, adopted 3-4-1997 by Ord. No. 166, which immediately followed
this section, was repealed 11-5-2003 by Ord. No. 208-2003.
[Adopted 8-6-2019 by Ord. No. 322-2019]
A certain document, three copies of which are on file in the office of the Secretary/Treasurer of the Township of Bern, being marked and designated as the International Fire Code, 2015 edition, including Appendix Chapters A through M, as published by the International Code Council, be and is hereby adopted as the Fire Code of the Township of Bern, Berks County, Commonwealth of 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, materials and devices, and from conditions hazardous to life or property in the occupancy of buildings and 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 Township of Bern are hereby referred to, adopted, and made a part hereof, as if fully set out in this legislation, with the additions, insertions, deletions and changes, if any, prescribed in § 85-20 of this article.
The following subsections and/or words in the International
Fire Code, 2015 edition (hereafter the "Fire Code"), are hereby revised
to substitute the following words for the original words contained
in the ordinance:
A.
Section 101.1: Substitute "Bern Township" for NAME OF JURISDICTION.
B.
Section 109.4 shall read as follows: Prosecution of violation. Persons who shall violate a provision of this code, fail to comply
with any of the requirements thereof or erect, install, alter or repair
work in violation of the approved construction documents or directive
of the Fire Code Official, or of a permit or certificate issued under
the provisions of this Code, shall be guilty of a summary offense,
punishable by a fine of not less than $100 nor more than $1,000 per
violation. Each day that a violation continues after due notice has
been served shall be deemed a separate offense.
C.
Section 111.4 shall read as follows: Failure to comply. Any person who shall continue any work after having been served
with a stop-work order, except such work as that person is directed
to perform to remove a violation or unsafe condition, shall be guilty
of a summary offense, punishable by a fine of not less than $100 more
than $1,000 per violation. Each day that a violation continues after
due notice has been served shall be deemed a separate offense.
D.
Section 1103.5.3 shall read as follows: Pyroxylin plastics. An automatic sprinkler system shall be provided throughout existing
buildings where cellulose nitrate film or pyroxylin plastics are manufactured,
stored or handled in quantities exceeding 100 pounds (45 kg). Vaults
located within buildings for the storage of raw pyroxylin shall be
protected with an approved automatic sprinkler system capable of discharging
1.66 gallons per minute per square foot [68 L/min/m(squared)] over
the area of the vault. An automatic sprinkler system shall be installed
in these existing buildings within one year of the effective date
of this article.
The geographic limits referred to in certain sections of the
2015 International Fire Code are hereby established as follows:
A.
Section 5704.2.9.6.1 (geographic limits in which the storage of Class
I and Class II liquids in aboveground tanks outside of buildings is
prohibited): all areas. Exceptions:
(1)
In areas zoned for other than residential uses, when approved by
the Fire Code Official.
(2)
Crankcase draining may be stored in specially constructed aboveground
storage tanks, approved by the Fire Code Official, with a maximum
capacity of 550 gallons. These tanks may be located within a building
when the Fire Code Official deems appropriate and the container meets
UL Standard 2085. Containers shall be installed and used in accordance
with their listing and provisions shall be made for leak and spill
containment. In no case shall storage be allowed on residential or
institutional property.
(3)
With the Fire Code Official's approval, Class I and II liquids
may be stored aboveground outside of buildings in specially designed,
approved and listed containers which have features incorporated into
their design which mitigate concerns for exposure to heat, ignition
sources and mechanical damage. Containers shall be installed and used
in accordance with their listing, and provisions shall be made for
leak and spill containment. The Fire Code Official may disapprove
the installation of these containers when in his or her opinion their
use presents a risk to life or property.
B.
Section 5706.2.4.4 (geographic limits in which the storage of Class
I and Class II liquids in aboveground tanks is prohibited): all areas.
Exceptions:
(1)
In areas zoned for other than residential uses, when approved by
the Fire Code Official.
(2)
Crankcase draining may be stored in specially constructed aboveground
storage tanks, approved by the Fire Code Official, with a maximum
capacity of 550 gallons. These tanks may be located within a building
when the Fire Code Official deems appropriate and the container meets
UL Standard 2085. Containers shall be installed and used in accordance
with their listing and provisions shall be made for leak and spill
containment. In no case shall storage be allowed on residential or
institutional property.
(3)
With the Fire Code Official's approval, Class I and II liquids
may be stored aboveground in specially designed, approved and listed
containers which meet UL Standard 2085. Containers shall be installed
and used in accordance with their listing, and provisions shall be
made for leak and spill containment. The Fire Code Official may disapprove
the installation of such containers when in his opinion their use
presents a risk to life or property.
C.
Section 5806.2 (geographic limits in which the storage of flammable
cryogenic fluids in stationary containers is prohibited): all areas.
Exceptions:
(1)
In areas zoned for other than residential uses, when approved by
the Fire Code Official.
D.
Section 6104.2 (geographic limits in which the storage of liquefied
petroleum gas is restricted for the protection of heavily populated
or congested areas): all areas. Exceptions:
(1)
In areas zoned for other than residential uses, when approved by
the Fire Code Official.
(2)
Bulk tanks with a maximum aggregate capacity of 30,000 gallons'
water capacity for aboveground storage of underground distribution
to residential areas, where the storage and distribution meets state
and local code requirements as determined by the Fire Code Official.
