[HISTORY: Adopted by the City Council of the City of Shamokin 8-28-1967 by Ord. No. 163 (Ch. 55 of the 1967 Code). Amendments noted where applicable.]
[Amended 9-25-1969 by Ord. No. 183; 7-22-1971 by Ord. No. 204; 7-26-1976 by Ord. No. 237]
There is hereby adopted by the Council of the City of Shamokin, for the purpose of prescribing regulations governing conditions hazardous to life and property from fire or explosion, that certain code known as the "Fire Prevention Code" recommended by the American Insurance Association, being particularly the 1976 edition thereof, and all future amendments thereof, save and except such portions as are hereinafter deleted, modified or amended by § 248-7 of this chapter and/or any future modifications or deletions, of which code not less than three copies have been and are now filed in the office of the Clerk of the City of Shamokin, and the same are hereby adopted and incorporated as fully as if set out at length herein, and from the date on which this chapter shall take effect, the provisions thereof shall be controlling within the limits of the City of Shamokin.
A.
The Fire Prevention Code shall be enforced by the Bureau of Fire
Prevention in the Fire Department of the City of Shamokin, and it
shall be operated under the supervision of the Department of Public
Safety.
B.
The Department of Public Safety and/or the Shamokin City Council
may detain such members of the Fire Department as inspectors as shall
from time to time be necessary. The employment of technical inspectors,
if and when necessary, shall be made by the Shamokin City Council
as may be recommended by the Department of Public Safety. Such inspectors
may be made by examination to determine their fitness for the position.
The examination shall be open to members and nonmembers of the Fire
Department. Appointments made by examination shall be made for an
indefinite term with removal only for cause. The Fire Chief may act
as the Chief of the Bureau of Fire Prevention until such time as Council
may appoint a Fire Marshal or Chief of the Bureau of Fire Prevention.
As used in this chapter, the following terms shall have the
meanings indicated:
The City of Shamokin, Pennsylvania.
The limits referred to in Section 12.5b of the Fire Prevention
Code in which storage of explosives and blasting agents is prohibited
are hereby established as follows:
The limits referred to in Section 16.22a of the Fire Prevention
Code in which storage of flammable liquids in outside aboveground
tanks is prohibited are hereby established as follows:
The limits referred to in Section 21.6a of the Fire Prevention
Code, in which bulk storage of liquefied petroleum gas is restricted,
are hereby established as follows:
The Fire Prevention Code is amended and changed in the following
respects:
A.
Section 19.1, Paragraph 1, is amended as follows: The following sentence
shall be added to the aforementioned section: "The preceding sentence
shall not prohibit a mechanic from working below floor level."
A.
B.
All ordinances dealing with the organization and operation of the
Shamokin City Fire Department and the duties thereof shall remain
in effect and shall not be changed by the operation of a Fire Prevention
Bureau. Ordinance No. 132 also shall not be changed as to duties of
the Shamokin City Fire Department.[4]
The Department of Public Safety shall have power to modify any
of the provisions of the Fire Prevention Code upon application, in
writing, by the owner or lessee or his duly authorized agent when
there are practical difficulties in the way of carrying out the strict
letter of the code, provided that the spirit of the code shall be
observed, public safety secured and substantial justice done. The
particulars of such modifications when granted or allowed and the
decision of the Department of Public Safety thereon shall be recorded
and a report submitted to the Shamokin City Council and a copy furnished
to the applicant.
Whenever the Department of Public Safety shall act upon any
application, the applicant or any interested party may appeal from
the decision to the Shamokin City Council within 30 days from the
date of the decision. This applies when an application is disapproved
or when it is claimed that the provisions of the code have been misconstrued
or wrongly interpreted or that the provisions of the code do not apply.
The Shamokin City Council, Department of Public Safety, Chief
of the Bureau of Fire Prevention, assistants and/or City Fire Marshal,
as the case may be, shall act as a committee to determine and specify,
after giving affected persons an opportunity to be heard, any new
materials, processes or occupancies which shall require permits, in
addition to those now enumerated in said code.
[Amended 6-11-1990]
A.
Any person, firm or corporation who shall violate or fail to comply
with any of the provisions of this chapter shall, upon conviction
thereof before any Magisterial District Judge, be sentenced to pay
a fine of not less than $100 and not more than $300, and costs of
prosecution, and/or suffer imprisonment for up to 180 days, or both.
The continuation of such violation for each successive day shall constitute
a new and separate offense, and the person or persons allowing the
continuation of the violation may be punished as provided above for
each separate offense.
B.
The application of the above penalty shall not be held to prevent
the enforced removal of prohibited conditions.
The Council of the City of Shamokin, Pennsylvania, hereby declares
that should any section, paragraph, sentence or word of this chapter
or of the code hereby adopted be declared for any reason to be invalid,
it is the intent of the Council of the City of Shamokin, Pennsylvania,
that it would have passed all other portions of this chapter independent
of the elimination therefrom of any such portions as may be declared
invalid.
This chapter shall take effect and be in force from and after
its approval as required by law.
