[HISTORY: Adopted by the Borough Council of the Borough of
Mount Holly Springs Ord. No. 2019-02. Amendments noted where applicable.]
It is the purpose of this chapter and the policy of Mount Holly
Springs Borough, in order to protect and promote the public health,
safety, and welfare of its citizens, to adopt the following chapters
and appendixes of the International Fire Code approved by the Commonwealth
of Pennsylvania, which are hereby adopted in their entirety into the
Fire Prevention and Public Safety Code of Mount Holly Springs by reference,
regulating and governing the safeguarding of life and property from
fire and other hazards arising from the storage, handling, and use
of combustible or explosive substances, materials and devices and
from conditions hazardous to life or property in the occupancy of
buildings and premises in the Borough; providing for the issuance
of permits and collections of fees therefor; prescribing minimum requirements
necessary to establish a reasonable level of fire safety and property
protection; abating hazards created by fire and explosion; providing
for penalties and violations thereof; and repealing all other ordinances
and parts of ordinances in conflict therewith.
A.
Conditions, terms and language of the Fire Prevention and Public
Safety Code are hereby referred to, adopted and made a part hereof
as if fully set forth in this chapter, excepting any additions, assertions,
deletions or changes set forth hereinafter.
B.
AGENT
BOROUGH
BOROUGH CODE
BUILDING
CODE ENFORCEMENT OFFICER
COUNCIL
DAYS
DWELLING UNIT
FIRE AND PANIC ACT
FIRE CODE OFFICIAL
FIRE DEPARTMENT
FIRE MARSHAL
INSPECTOR
INTERNATIONAL FIRE CODE
KEY LOCK BOX
NFPA 1033
NFPA 921 GUIDE FOR FIRE AND EXPLOSION INVESTIGATIONS
OCCUPANT
OFFICE
OPERATOR
OWNER
OWNER OCCUPANT
PERSON
POLICE DEPARTMENT
PREMISES
SHALL
STRUCTURE
USE GROUP
ZONING ORDINANCE
The following words, when used in this chapter, shall have the meanings
ascribed to them in this section, except in those instances where
the context clearly indicates otherwise. When not inconsistent with
the context, words used in the present tense include the future, words
in the plural number include the singular number, words in the singular
shall include the plural, and words in the masculine shall include
the feminine and the neuter.
An individual of legal majority or entity who has been designated
by the owner as the agent of the owner, manager of the property or
legal entity under the provisions of this chapter.
Mount Holly Springs Borough.
The Building Code officially adopted by the governing body
of the Borough, or other such codes officially designated by the governing
body of the Borough for the regulation of construction, alteration,
addition, repair, removal, demolition, location, occupancy, and maintenance
of buildings and structures.
A structure used or intended for supporting or sheltering
any occupancy.
Person charged with enforcing all Borough ordinances, zoning
ordinances and other applicable laws whether federal, state or other
local laws.
Existing elected or appointed members of the Borough Council.
Defined as calendar days unless otherwise specified.
A single habitable unit, providing living facilities for
one or more persons, including permanent space for living, sleeping,
eating, cooking, bathing and sanitation, whether furnished or unfurnished.
There may be more than one dwelling unit on premises.
The Act of April 27, 1927 (P.L. 465, No. 299) (35 P.S. §§ 1221
to 1235), known as the "Fire and Panic Act."
Any person authorized by law, ordinance or resolution to
enforce local, state and federal laws pertaining to health, safety
and welfare.
Citizens Fire Company or any member thereof, including the
Fire Chief or designee or any other designated fire emergency service
operating on behalf of Mount Holly Springs Borough.
Member of a state, provincial or territorial government,
but may be part of a building department or a separate department
altogether. Fire Marshals' duties vary but usually include fire code
enforcement or investigating fires for origin and cause.
Any person authorized by law, ordinance or resolution to
inspect buildings or systems (e.g., zoning, housing, plumbing, electrical
systems, heat systems, mechanical systems, and health) necessary to
operate or use buildings within the Borough.
International Fire Code issued by the ICC. The term includes
all errata issued by the ICC.
A secured box mounted to the premises utilized by emergency
responders. Box contains keys that allow access by emergency responders
to secure areas of a premises.
Standard for Professional Qualifications for Fire Investigator
and facilitates safe, accurate investigations by specifying the job
performance requirements (JPRs) necessary to perform as a fire investigator
in both the private and public sectors.
A peer reviewed document that is published by the National
Fire Protection Association. Its purpose is "to establish guidelines
and recommendations for the safe and systematic investigation or analysis
of fire and explosion incidents".
A person who resides at a premises either permanently or
temporarily.
The office of Code Enforcement for the Borough.
Any person or entity that has charge, care or control of
premises which is offered or let for occupancy.
Any person, entity, agent, or operator having a legal or
equitable interest in the property; or recorded in the official records
of the state, county, or municipality as holding title to the property;
or otherwise having control of the property, including the guardian
of the estate of any such person, and the executor or administrator
of the estate of such person if ordered to take possession of real
property by a court of competent jurisdiction.
An owner who resides in a dwelling unit on a regular permanent
basis, or who otherwise occupies a nonresidential portion of the premises
on a regular permanent basis.
Any person, partnership, firm, association, corporation or
municipal authority or any other group acting as a single unit.
The Mount Holly Springs Borough Police Department or any
member thereof sworn to enforce laws and ordinances in the Borough,
and includes the Chief of Police or designee.
Any parcel of real property in the Borough including the
land and all buildings and structures in which one or more rental
units are located.
Is always mandatory and not merely directory.
Any man-made object having an ascertainable stationary location
on or in land or water, whether or not affixed to the land.
Refer to categorizing structures based on their usage and
are primarily used for building and fire code enforcement.
Zoning Ordinance as officially adopted by the Mount Holly
Springs Borough.
[1]The provisions of this chapter shall govern the minimum conditions
and standards for fire prevention and safety to all applicable structures
within the Borough limits. Nothing in this code shall be construed
to repeal, cancel, modify, amend or set aside any provisions of or
actions taken pursuant to the Borough zoning regulations.
The owner of any premises subject to this chapter shall provide
and maintain such fire prevention and safety facilities and equipment
in compliance with these requirements. A person shall not occupy any
premises that does not comply with the requirements of this chapter.
Those use groups, as defined in the International Building Code,
will be inspected in the following manner; after an emergency incident;
if a violation is noticed by a Fire Code Official; if a complaint
is filed with the Borough; or at the request of the property owner.
Upon successful completion of inspection and if no violations are
found or if those violations found were rectified, a "Use of Occupancy
Certificate" will be issued with the following information:
A.
The permit number and address of the building, structure or facility.
B.
The permit holder's name and address.
C.
A description of the portion of the building, structure or facility
covered by the occupancy permit.
D.
The name of the Building Code Official who issued the occupancy permit.
E.
The applicable construction code edition applicable to the occupancy
permit.
F.
The use and occupancy classification under Chapter 3 (Use and Occupancy
Classification) of the International Building Code of 2015, when designated.
G.
The type of construction defined in Chapter 6 (Types of Construction) of the "International Building Code of 2015, when designated.
H.
Special stipulations and conditions relating to the permit and Board
of Appeals' decisions and variances for accessibility requirements
granted by the Secretary.
I.
The date of the final inspection.
A.
All commercial and industrial structures, multifamily residential
and apartment complexes, government buildings, nursing care facilities,
educational buildings, places of assembly (including worship), structures
that have restricted access through locked doors, and all other structures
the Fire Code Official deems as an at-risk property in the Borough,
shall be equipped with a key box when any of the following exist;
(1)
A structure is protected by an automatic fire-suppression or standpipe
system and not continuously manned (i.e., 24 hours, seven days a week,
365 days a year);
(2)
A structure is protected by an automatic fire alarm system that includes
an automatic dialer that sends an alert to a central station and includes
an external alarm;
(3)
A structure is the site for the handling, use, or storage of hazardous
materials, or is required to prepare emergency services material safety
data sheets (MSDS), or hazardous chemical inventory forms under the
Superfund Amendments and Reauthorization Act of 1968 (SARA Title III);
or
(4)
Where access to or within a structure or an area is restricted because
of secured openings or where immediate access is necessary for life-saving
or firefighting purposes.
B.
An approved lock shall be installed on gates or similar barriers
when required by the Fire Code Official. The owner or operator of
a structure subject to this section shall at all times keep a key(s)
in the lock box that will allow access to the structure. At minimum,
the key lock box shall contain the following:
(1)
Keys to all locked points of egress, whether in the interior or exterior
of the structure;
(2)
Keys to all locked mechanical rooms;
(3)
Keys to all locked elevator rooms and controls;
(4)
Keys to any fence or secured area;
(5)
Key to any other area that may be required by the Fire Code Official
after a written notice;
(6)
Keys to all areas of the structure where fire alarm panels and fire-protection
systems are located;
(7)
A card containing the emergency contacts and phone numbers for the
structure;
(8)
An inventory of the keys, posted in the lock box, as may be required
by the Fire Code Official.
C.
Upon notification to the Fire Code Official, the owner of the structure
subject to this section shall have 30 days to install a key lock box.
D.
The property owner or operator shall immediately notify the Fire
Code Official and provide the new key when a lock is changed or rekeyed.
The key to such lock shall be secured in the key lock box.
E.
The key lock box required under § 269-6 shall be installed on the front of the building near the main entrance door and between six feet and eight feet above the ground unless approved at a higher or lower level by the Fire Code Official.
F.
No steps, displays, signs, or other fixtures or structural protrusions
may be located under the box which would allow unauthorized access
to the box without assistance.
G.
When a property contains a building that is protected by a locked
fence or gate, the Fire Code Official may require a Knox® padlock
to be installed at a location approved by the Code Enforcement Officer
upon consultation with the Fire Company.
H.
Upon the failure of the property owner or operator to install a key
lock box after receiving notification by the Borough to do so, the
Code Enforcement Officer may enter the property and install a lock
box at the owner or operator's expense.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
New and existing buildings, including residential houses, places
of business and other such structures, shall be conspicuously numbered
for identification purposes as prescribed in the International Property
Maintenance Code Section 304.3, Premises identification.
It shall be unlawful for any person owning, leasing or occupying
any premises to make or cause to be made a false alarm, directly or
indirectly, when the alarm is caused by faulty detection or alarm
equipment or by the negligence of said person. The status of an alarm
is to be determined by the responding Fire Department or emergency
services organization, and the decision as to the cause of the alarm,
shall be final.
A.
False alarm remediation. Upon notification of a false alarm, a written
report shall be made within 15 days by the owner, lessee or occupant
to the Code Enforcement Officer outlining what steps have been taken
to remedy future false alarms.
B.
False alarm service fees. Service fees for false alarms assessed
by the Borough are as follows:
|
False Alarm (in a calendar year)
|
Fee
|
|---|---|
|
Third false alarm
|
Not to exceed $100
|
|
Fourth false alarm
|
Not to exceed $200
|
|
Fifth and subsequent false alarms
|
Not to exceed $300
|
It shall be unlawful of any person, owner or occupant of any
premises within the Borough to impede access to any fire hydrant,
Fire Department sprinkler connection, Fire Department standpipe connection,
fire alarm control panel, emergency exit or egress point from any
structure. The following will be the responsibility of any property
owner of any structure:
A.
All Fire Department sprinkler connections or standpipe connections
on the exterior of the premises shall be properly marked in accordance
with the International Fire Code;
B.
Any room leading to a fire alarm panel and/or standpipe system shall
be properly marked in accordance with the International Fire Code;
C.
Access to the fire alarm panel shall be clear of all items and allow
unimpeded access.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
Persons who violate any provision of this chapter 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 chapter shall be guilty
of a summary offense, punishable by a fine of not less than $300 or
not more than $1,000, plus court costs and reasonable attorneys’
fees incurred by the Borough in the enforcement proceedings. Upon
judgment against any person by summary conviction, or by proceedings
by summons on default of the payment of the fine or penalty imposed
and the costs, the defendant may be sentenced and committed to the
Borough correctional facility for a period not exceeding 10 days or
to the county correctional facility for a period not exceeding 30
days. Each day that such violation exists shall constitute a separate
offense, and each section of this chapter that is violated shall also
constitute a separate offense. In addition to or in lieu of enforcement
under this section, the Borough may enforce this chapter in equity
in the Court of Common Pleas of Cumberland County.
In cases where it reasonably appears there exists an immediate
danger to the life or safety of any person caused or created by a
dangerous building, Council shall cause the immediate repair, vacation
or demolition of such dangerous building as stated in the Borough
Dangerous Structures Ordinance No. 2019-01.[1]
A.
In the event of any provision, section, sentence, clause or part
of this chapter being held to be invalid, such invalidity shall not
affect or impair any remaining provision, section, sentence, clause
or part of the chapter, it being the intent of the Borough that such
remainder be and remain in full force and effect and for this purpose
the provisions of this chapter are hereby declared to be severable.
B.
In the event of any legislation by the Commonwealth of Pennsylvania
becoming effective dealing with the same or similar subject matter
as that included herein, such shall remain in full force and effect
if it is more restrictive, and not inconsistent with such legislation.
If such legislation is more restrictive than, inconsistent with, or
both, then this chapter shall be interpreted according to such legislation
and shall be superseded to the extent necessary to give such legislation
appropriate effect. However, all the remainder of the chapter shall
be and shall remain in full force and effect, and for this purpose
the provisions of this chapter are hereby declared to be severable.
This chapter shall repeal the following:
This chapter shall be effective within five days after adopted
by the Council and approved by the Mayor.
