CROSS REFERENCES
Burning rubbish, garbage and the like — See
§ 680.04.
Fire Department — See Ch. 244.
Fire inspection fees — See § 208.07.
Inflammable liquids in breakable containers — See
§ 680.09.
Rapid emergency entry systems — See Ch. 1439.
Smoke detection devices — See Ch. 1442.
Storage of cleaning fluids and other combustible materials — See
§ 824.06.
STATUTORY REFERENCES
Adoption of fire prevention codes by reference — See
Borough Code, 8 Pa.C.S.A. § 1202(15).
Water supply for fire protection — See Borough
Code, 8 Pa.C.S.A. § 2406.
There is hereby adopted by reference, as if the same were fully
described herein, the Fire Prevention Code recommended by the American
Insurance Association, being particularly the 1976 edition thereof,
together with the November, 1982, Amendments thereof. Such Code, as
amended, together with this Part Sixteen - Fire Prevention, shall
be the Fire Prevention Code of the Borough, save and except for such
portions thereof as are hereinafter deleted, modified or amended,
and from the date this chapter takes effect the provisions thereof
shall be controlling within the limits of the Borough. At least three
copies of such Code, as amended, shall be on file with the Borough
Secretary for inspection by the public and copies shall be supplied
upon demand, at cost.
The Fire Prevention Code hereby adopted shall be enforced by
the Fire Marshal.
For the purpose of this chapter, the following definitions shall
apply unless the context clearly indicates or requires a different
meaning.
When used in the Fire Prevention Code, it shall be held to
mean the Borough Solicitor.
When used in the Fire Prevention Code hereby adopted, it
shall be held to mean the Borough of Brookhaven, Pennsylvania.
(A)
Explosives and blasting agents. The limits referred to in § 12.5b
of the Fire Prevention Code, in which storage of explosives and blasting
agents is prohibited, are hereby established as the entire corporate
limits.
(B)
Fireworks. The limits referred to in § 13.3a of the Fire
Prevention Code, in which manufacture and storage of fireworks is
prohibited, are hereby established as the entire corporate limits.
(C)
Flammable liquids in outside above-ground tanks. The limits referred
to in § 16.22a of the Fire Prevention Code, in which storage
of flammable liquids in outside above-ground tanks is prohibited,
are hereby established as the entire corporate limits.
(D)
New bulk plants for flammable or combustible liquids. The limits
referred to in § 16.61 of the Fire Prevention Code, in which
new bulk plants for flammable or combustible liquids are prohibited,
are hereby established as the entire corporate limits.
(A)
Explosives and blasting agents. The routes referred to in § 12.7o
of the Fire Prevention Code for vehicles transporting explosives and
blasting agents shall be all state highways in the Borough.
(B)
Hazardous chemicals and dangerous articles. The routes referred to
in § 20.14 of the Fire Prevention Code for vehicles transporting
hazardous chemicals or other dangerous articles shall be all state
highways in the Borough.
[Ord. 392, passed 1-8-1979; Ord. 801, passed 7-2-2018]
(A)
The fire lanes referred to in § 28.16 of the Fire Prevention
Code are hereby established as follows:
(1)
All that area extending to a width of 30 feet from either the
building sidewalk curb line or, in the case of the side or rear of
a building, from the exterior wall line of any building located in
the C-1 Zoning District bounded by Edgmont Avenue, Cobourn Farm and
the boundary line between the Borough and Middletown Township; and
(2)
All that area extending to a width of 30 feet from the side
and rear building wall lines of the C-1 Zoning District of the Borough
bounded by Upland Road, Edgmont Avenue, Trimble Boulevard and Commerce
Avenue.
(B)
The parking of motor vehicles in the above mentioned fire lanes or
their obstruction in any other manner is prohibited at all times.
(C)
Whoever violates this section shall be fined not more than $50.
The Fire Marshal shall have the power to modify any of the provisions
of the Fire Prevention Code hereby adopted upon application in writing
by the owner or lessee, or his or her 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 modification, when granted or allowed, and the
decision of the Fire Marshal thereon, shall be entered upon the records
of the Fire Department and a signed copy shall be furnished the applicant.
Whenever the Fire Marshal disapproves an application or refuses
to grant a permit applied for, or when it is claimed that the provisions
of the Fire Prevention Code do not apply or that the true intent and
meaning of the Code have been misconstrued or wrongly interpreted,
the applicant may appeal from the decision of the Fire Marshal to
Council within 30 days from the date of the decision appealed.
In the event of a conflict between any of the provisions of
the A.I.A. Fire Prevention Code adopted herein and the provisions
of any local ordinance or Commonwealth law, the local ordinance or
Commonwealth law shall prevail. In the event of a conflict between
any of the provision of the A.I.A. Code and a provision of any other
technical code adopted by reference by the Borough, the stricter or
higher standard shall prevail.
Should any section, paragraph, sentence or word of this chapter
or of the Fire Prevention Code hereby adopted be declared for any
reason to be invalid, it is the intent of Council that it would have
passed all other portions of the same independent of the elimination
therefrom of any such portion as may be declared invalid.
(A)
No person shall:
(1)
Violate or fail to comply with any of the provisions of this
chapter, including the A.I.A. Fire Prevention Code, as adopted in
§ 1604.01, and including any order of Council or the Fire
Marshal or their authorized representatives made pursuant thereto;
(2)
Build in violation of any detailed statement of specifications
or plans submitted and approved thereunder, or any certificate or
permit issued thereunder, and from which no appeal has been taken;
or
(3)
Fail to comply with an order as affirmed or modified by Council.
(B)
The imposition of one penalty for any violation shall not excuse
the violation or permit it to continue, and all persons shall be required
to correct or remedy such violations or defects within a reasonable
time. When not otherwise specified, a separate offense shall be deemed
committed for each 10 days that prohibited conditions are maintained
or permitted to exist.
[1]
Editor's Note: See § 202.99 for general code
penalty if no specific penalty is provided.
