[Ord. 2019-07, 6/20/2019]
The 2015 International Fire Code, as published by the International
Code Council, Inc., is hereby adopted as the Life Safety Code of Lower
Macungie Township, for the 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 International Fire Code are hereby referred to, adopted,
and made a part hereof as if fully set out in this Part, with the
additions, insertions, deletions and changes as prescribed below in
this Part.
[Ord. 2019-07, 6/20/2019]
The following replacements, insertions, and modifications shall
be made in this section at the places indicated below:
1. Section 101.1 Insert "Lower Macungie Township."
2. Section 101.2.4. Delete this section in its entirety.
3. Section 101.3 Amend and restate as follows: "The purpose of this
code is to establish the minimum requirements consistent with nationally
recognized good practice for providing a reasonable level of fire
safety and property protection from the hazards of fire, explosion
or dangerous conditions in existing buildings, structures and premises,
and to provide a reasonable level of safety to fire fighters and emergency
responders during emergency operations."
4. Section 102.1.1 Delete this section in its entirety.
5. Section 102.4 Amend and restate as follows: "The design and construction
of new structures and any alterations, additions, changes in use or
changes in structure shall be made in accordance with the applicable
International Building Code and the Pennsylvania Uniform Construction
Code, contained in 34 Pa. Code, Chapters 401 — 405, et seq.,
as amended from time to time."
6. Section 102.5 Delete this section in its entirety.
7. Section 102.6 Delete this section in its entirety.
8. Section 102.11 Amend and restate as follows: "The provisions of this
code are intended to ensure life safety for existing commercial buildings
and shall not be deemed to nullify or contradict any provisions for
new buildings, additions, alterations or structures that comply with
the applicable International Building Code or the Pennsylvania Uniform
Construction Code."
9. Section 103.1 Amend and restate as follows: "The department of fire
prevention is established within the jurisdiction under the direction
of the fire code official and/or the Director of Community and Economic
Development Department. The function of the department shall be the
implementation, administration and enforcement of the provisions of
this code."
10. Section 103.2 Amend and restate as follows: "The fire code official
shall be appointed by the Township; and the fire code official shall
not be removed from office except for cause and after full opportunity
to be heard on specific and relevant charges by and before the appointing
authority."
11. Section 103.3 Amend and restate as follows: "In accordance with the
prescribed procedures of this jurisdiction and the concurrence of
the appointing authority, the fire code official or
designee shall have the authority to appoint a deputy fire
code official, or other inspectors or employees to enforce
the provisions of this code."
12. Section 104.2 Delete this section in its entirety.
13. Section 104.3 Right of entry: Amend and restate as follows: "Where
it is necessary to make an inspection to enforce the provisions of
this code, or where the fire code official has reasonable cause to
believe that there exists in a building or upon any premises any conditions
or violations of this code that make the building or premises unsafe,
dangerous or hazardous, the fire code official shall have the authority
to enter the building or premises at all reasonable times to inspect
or to perform the duties imposed upon the fire code official by this
code. If such building or premises is occupied, the fire code official
shall present credentials to the occupant and request entry. If such
building or premises is unoccupied, the fire code official shall first
make a reasonable effort to locate the owner, the owner's authorized
agent or other person having charge or control of the building or
premises and request entry. If entry is refused, the fire code official
is authorized to seek an administrative warrant, in addition to any
other remedy available under applicable law, in order to secure entry."
14. Section 104.6.3 Amend and restate as follows: "The Township shall
keep a record of fires occurring within its jurisdiction and of facts
concerning the same, including statistics as to the extent of such
fires and the damage caused thereby, together with other information
as required by the fire code official."
15. Section 104.10 Delete this section in its entirety.
16. Section 105 Delete this section in its entirety.
17. Section 106.2.1 Delete this section in its entirety.
18. Section 106.2.2 Delete this section in its entirety.
19. Section 108.1 Amend and restate as follows: "Any appeal from any
decision of the fire code official shall be heard
by the Lower Macungie Township Building Code Board of Appeals, pursuant
to and consistent with the adopted practices and procedures established
for or by such Board."
20. Section 108.2 Amend and restate as follows: "Court Review. Any person
aggrieved by a Board decision may appeal this decision to the Court
of Common Pleas. Such an appeal shall be filed within 30 days of the
issuance of the decision. Within 30 days of the filing of an appeal,
the Township and the owner and/or tenant of the premises directly
involved in the appeal may intervene in the appeal as of course by
filing a notice of intervention, accompanied by proof of service of
the same upon each appellant or each appellant's counsel of record.
All other intervention shall be governed by the Pennsylvania Rules
of Civil Procedure."
21. Section 108.3 Delete this section in its entirety.
22. Section 109.3.3 Amend and restate as follows: "Any person failing
to comply with a notice of violation within the timeframe set forth
in same or with an order served in accordance with § 109
shall be deemed in violation of this Code, and this violation shall
be considered a strict liability offense. If the notice or order is
not complied with, the fire code official may institute
the appropriate proceeding at law or in equity to restrain, correct,
or abate such violation; to impose fines and penalties for such violation;
and/or to require the removal or termination of the unlawful occupancy
of the structure or property in violation of the provisions of this
Code or of the order or direction made pursuant thereto. Any action
taken by the Township shall be charged against the real estate upon
which the violation is located and shall be a lien upon such real
estate."
23. Section 109.4 Amend and restate as follows: "Any person who is found
by a court of competent jurisdiction, including, but not limited to,
a Magisterial District Court or Court of common Pleas, to have violated
a provision of this Code; to have failed to comply with any of the
requirements of this Code; or to have failed to comply with an order,
directive, or notice of the fire code official concerning
this code shall be liable for a civil penalty not less than $500 nor
more than $1,000 for each violation, plus any and all costs incurred
by the Township in bringing an action against such violation, including,
but not limited to, consultant fees, attorney's fees, and expert
witness fees. Each day that a violation continues shall be deemed
a separate violation."
24. Section 110.3 Amend and restate as follows: "Where conditions exist
that are deemed hazardous to life and property, the fire code official
in charge of the incident is authorized to abate summarily such hazardous
conditions that are in violation of this code."
25. Section 110 Insert the following:
"110.5 Costs of emergency repairs: Costs incurred in the performance
of emergency work are the responsibility of the owner of the premises
where the unsafe structure is or was located. Such costs, however,
shall be initially paid by the Township. The Township Solicitor may
institute the appropriate proceeding at law or in equity against the
owner of the premises where the unsafe structure is or was located
for the recovery of such costs."
26. Section 111 Delete this section in its entirety.
27. Section 113.4 Delete this section in its entirety.
28. Section 202 Amend the following definitions shall be amended or inserted
at the appropriate alphabetical spot into this section and shall read
as follows:
FIRE CHIEF
Any reference in this code to the "fire chief" shall be deemed to be a reference to the "fire code official."
FIRE CODE OFFICIAL
A duly authorized Township representative, code enforcement
officer, building code official, or other designated authority charged
with the administration and enforcement of the code.
29. Section 307 Delete this section it is entirety.
30. Section 308.2 Delete this section in its entirety.
31. Section 311.1 Amend and restate as follows: "Temporarily unoccupied
buildings, structures, premises or portions thereof, including tenant
spaces, shall be safeguarded and maintained in accordance with the
applicable International Property Maintenance Code as adopted by the
jurisdiction."
32. Section 311.1.1 Delete this section in its entirety.
33. Section 311.1.2 Delete this section in its entirety.
34. Section 311.2 Delete this section in its entirety.
35. Section 311.3 Delete this section in its entirety.
36. Section 311.4 Delete this section in its entirety.
37. Section 311.5 Delete this section in its entirety.
38. Section 311.6 Delete this section in its entirety.
39. Section 401.2 Amend and restate as follows: "Where required by this
code, fire safety plans, emergency procedures and employee training
programs shall be approved by the property owner and/or occupant.
Any reference to an 'approved' fire safety plan or emergency
procedures shall be deemed to be that approved by the property owner
and/or occupant, and not the fire code official."
40. Section 403.10.2.2.2 Amend and restate as follows: "Emergency guides
shall be reviewed and approved by the property owner and/or occupant."
41. Section 403.11.1.3. Amend and restate as follows: "The lease plan
shall be reviewed and approved by the property owner and/or occupant,
and shall be maintained on site for immediate reference by responding
fire personnel."
42. Section 404.2.3.1 Amend and restate as follows: "Lockdown plans shall
be reviewed and approved by the property owner and/or occupant and
shall include the following:
A. Initiation. The plan shall include instructions for reporting an
emergency that requires a lockdown.
B. Accountability. The plan shall include accountability procedures
for staff to report the presence or absence of occupants.
C. Recall. The plan shall include a prearranged signal for returning
to normal activity.
D. Communication and coordination. The plan shall include a means of
two-way communication between a central location and each secured
area, which means were previously approved by property owner and/or
occupant."
43. Section 501.3 Amend and restate as follows: "Construction documents
for proposed fire apparatus access, location of fire lanes, security
gates across fire apparatus access roads and construction documents
and hydraulic calculations for fire hydrant systems upon request may
be submitted to the Township's Planning Department for review
and approval prior to construction."
44. Section 503.1 Amend and restate as follows: "Fire apparatus access roads shall be provided and maintained in accordance with Sections 503.1.1 through 503.1.3 and Chapter
22A of the Lower Macungie Township Code of Ordinances."
45. Section 503.1.1 Delete this section in its entirety.
46. Section 503.2 Delete this section in its entirety.
47. Section 503.6 Delete this section in its entirety.
48. Section 506 Delete this section in its entirety.
49. Section 510.3 Amend and restate as follows: "Permits for the installation
of or modification to emergency responder radio coverage systems and
related equipment shall comply with the applicable International Building
Code or the Pennsylvania Uniform Construction Code."
50. Section 601.1 Amend and restate as follows: "The provisions of this
chapter shall apply to the operation and maintenance of fuel-fired
appliances and heating systems, emergency and standby power systems,
electrical systems and equipment, mechanical refrigeration systems,
elevator recall, stationary storage battery systems and commercial
kitchen equipment. All new construction, additions, installations
or alterations to buildings, structures or equipment shall comply
with the applicable International Building Code or the Pennsylvania
Uniform Construction Code."
51. Section 601.2 Amend and restate as follows: "Permits required for
work under this chapter shall comply with the applicable International
Building Code or the Pennsylvania Uniform Construction Code."
52. Section 901.1 Amend and restate as follows: "The provisions of this
chapter shall specify where fire protection systems are required and
shall apply to inspection, operation, testing and maintenance of all
fire protection systems. All new construction, additions, installations
or alterations to buildings, structures or equipment shall comply
with the International Building Code or the Pennsylvania Uniform Construction
Code."
53. Section 901.2 Delete this section in its entirety.
54. Section 901.3 Amend and restate as follows: "Permits required for
work under this chapter shall comply with the applicable International
Building Code or the Pennsylvania Uniform Construction Code."
55. Section 1101.3 Amend and restate as follows: "Permits required for
work under this chapter shall comply with the applicable International
Building Code or the Pennsylvania Uniform Construction Code."
56. Section 1101.4.1 Amend and restate as follows: "Construction documents
necessary to comply with this chapter shall be completed and submitted
within a time schedule approved by the Township's code enforcement
office."
57. Section 3101.1 Amend and restate as follows: "Tents, temporary stage canopies and membrane structures shall comply with this chapter. The provisions of Section 3103 are applicable only to temporary tents and membrane structures. The provisions of Section 3104 are applicable to temporary and permanent tents and membrane structures. All temporary structures shall comply with Chapter
27 of the Lower Macungie Township Code of Ordinances and permits required for work under this chapter shall comply with the Pennsylvania Uniform Construction Code."
58. Section 3105.2 Delete this section in its entirety.
59. Section 3209.4 Amend and restate as follows: "High-piled storage
areas with automated rack storage shall be provided with a manually
activated emergency shutdown switch for use by emergency personnel.
The switch shall be clearly identified."
60. Section 3308.2 Amend and restate as follows: "The fire prevention
plan superintendent shall develop a prefire plan in cooperation with
the jurisdiction upon request by the jurisdiction. The fire code official
or designee shall be notified of changes affecting the utilization
of information contained in such prefire plans."
61. Section 3404.5 Amend and restate as follows: "The owner or individual in charge of the tire storage yard shall be required
to prepare and submit a fire safety plan to the fire code official
upon request."
62. Section 3501.2 Delete this section in its entirety.
63. Section 3501.3 Amend and restate as follows: "Hot work shall only
be conducted in areas designated or authorized for that purpose by
the personnel responsible for a Hot Work Program."
64. Section 3501.3.1 Delete this section in its entirety.
65. Section 3501.3.2 Delete this section in its entirety.
66. Section 3501.3.3 Delete this section in its entirety.
67. Section 3501.3.4 Delete this section in its entirety.
68. Section 3501.3.5 Delete this section in its entirety.
69. Section 3504.1.8 Amend and restate as follows: "Automatic sprinkler
protection shall not be shut off while hot work is performed. Where
hot work is performed close to automatic sprinklers, noncombustible
barriers or damp cloth guards shall shield the individual sprinkler
heads and shall be removed when the work is completed. If the work
extends over several days, the shields shall be removed at the end
of each workday."
70. Section 3504.3 Delete this section in its entirety.
71. Chapter 36 Delete this chapter in its entirety.
72. Section 5001.5 Delete this section in its entirety.
73. Section 5001.6, Delete this section in its entirety.
74. Section 5003.9.2 Amend and restate as follows: "Storage, dispensing,
use and handling areas shall be secured against unauthorized entry
and safeguarded."
75. Section 5301.1 Scope: Amend and restate as follows: "Storage, use
and handling of compressed gases in compressed gas containers, cylinders,
tanks and systems shall comply with this chapter and NFPA 55, including
those gases regulated elsewhere in this code. Partially full compressed
gas containers, cylinders or tanks containing residual gases shall
be considered as full for the purposes of the controls required.
Liquified natural gas for use as vehicular fuel shall also comply
with NFPA 52 and NFPA 59A.
Compressed gases classified as hazardous materials shall also
comply with Chapter 50 for general requirements and chapters addressing
specific hazards, including Chapters 58 (Flammable Gases), 60 (Highly
Toxic and Toxic Materials), 63 (Oxidizers, oxidizing Gases and Oxidizing
Cryogenic Fluids) and 64 (Pyrophoric Materials). Compressed hydrogen
(CH
2) for use as vehicular fuel shall also comply with Chapters
23 and 58 of this code, the International Fuel Gas Code and NFPA 2.
Cutting and welding gases shall also comply with Chapter 35.
LP-gas shall comply with regulations of this chapter and shall
not be deemed to nullify or contradict any provisions of Pennsylvania
Act 61 of 2002, the Propane and Liquefied Petroleum Gas Act, and any
amendments thereto."
76. Section 5601.2 Amend and restate as follows: "Permits shall be required
from the department of fire protection and any applicable fees shall
be paid in accordance to the current Township Fee Schedule."
77. Section 5701.1 Amend and restate as follows: "Prevention, control,
and mitigation of dangerous conditions related to storage, use, dispensing,
mixing and handling of flammable and combustible liquids shall be in accordance with Chapter 50, this chapter and shall not
be deemed to nullify or contradict any provisions of Pennsylvania
Act 15 of 1998, Combustible and Flammable Liquids Act, and any amendments
thereto."
78. Section 5703.3 Amend and restate as follows: "In the event of a spill,
leak or discharge from a tank system, a site assessment shall be completed
by the owner or operator of such tank system if the fire code official determines that a potential fire or explosion
hazard exists. Such site assessments shall be conducted to ascertain
potential fire hazards and shall be completed and submitted to the
jurisdiction within a time period established by the fire
code official, not to exceed 60 days.
79. Section 5706.4.7 Delete this section in its entirety.
80. Section 5706.5.4.1 Delete this section in its entirety.
81. Section 5706.5.4.5 Delete this section in its entirety.
82. Section 5706.6 Delete this section in its entirety.
83. Section 5706.7 Delete this section in its entirety.
84. Section 6101 Delete this section in its entirety.
85. Section 6102 Delete this section in its entirety.
86. Section 6103 Delete this section in its entirety.
87. Section 6104 Delete this section in its entirety.
88. Section 6105 Delete this section in its entirety.
89. Section 6106 Delete this section in its entirety.
90. Section 6107 Delete this section in its entirety.
91. Section 6108 Delete this section in its entirety.
92. Section 6110 Delete this section in its entirety.
93. Section 6111 Delete this section in its entirety.