[Ord. 6838, passed 7-25-1985]
The City hereby adopts, for the purpose of prescribing regulations
governing conditions hazardous to life and property from fire or explosion,
the fire prevention code known as the BOCA Basic Fire Prevention Code,
1984 Edition, save and except such portions as are hereinafter deleted,
modified or amended, of which three copies have been and now are filed
in the office of the City Clerk and the same are hereby adopted and
incorporated as fully as if set out at length herein. From the date
on which this section shall take effect, the provisions thereof shall
be controlling within the corporate limits of the City.
[Ord. 6838, passed 7-25-1985]
In all matters that are required by the laws of the Commonwealth
of Pennsylvania or by regulations of departments or agencies of the
Commonwealth promulgated by authority of law, such laws or regulations,
as the case may be, shall control where the requirements thereof are
the same as or more limiting than the provisions of this article.
The Code shall control in all cases where the State requirements are
not as strict as those contained in this article.
[Ord. 5734, passed 8-12-1958]
(a) The Fire Prevention Code shall be enforced by the Department of Fire
which shall be operated under the supervision of the Fire Chief who
is hereby constituted Fire Marshal of the City.
(b) The Fire Chief may detail such members of the Department of Fire
as inspectors as shall from time to time be necessary. The Chief shall
recommend to Council the employment of technical inspectors to be
appointed under the civil service provisions for firemen in third
class cities.
(c) A report of the Department of Fire shall be made annually and transmitted
to the Mayor. It shall contain all proceedings under this Code, with
such statistics as the Fire Chief may wish to include therein. The
Chief shall also recommend any amendments to the Code, which, in his
judgment, shall be desirable.
[Ord. 5734, passed 8-12-1958]
Wherever the word "Municipality" is used in the Fire Prevention
Code, it means the City of New Castle.
[Ord. 5734, passed 8-12-1958]
(a) The limits in which storage of flammable liquids in outside aboveground tanks is prohibited, are hereby established as: the fire zones of the City as established by Section
1725.02 of the Building Code, or elsewhere in the City where topographical conditions, occupancy nature, proximity to other buildings or degree of private fire protection may constitute a hazard.
(b) The limits in which new bulk plants for flammable liquids are prohibited are hereby established as: the fire zones of the City as established by Section
1725.02 of the Building Code or elsewhere in the City where topographical conditions, occupancy nature, proximity to other buildings or degree of private fire protection may constitute a hazard.
[Ord. 5734, passed 8-12-1958]
The limits in which bulk storage of liquefied petroleum gas is restricted, are hereby established as follows: the fire zones of the City as established by Section
1725.02 of the Building Code or elsewhere in the City where topographical conditions, occupancy nature, proximity to other buildings or degree of private fire protection may constitute a hazard.
[Ord. 5734, passed 8-12-1958]
The Fire Chief shall have power to modify any of the provisions
of the Fire Prevention Code upon application in writing by the owner
or lessees, 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 modification
when granted or allowed and the decision of the Chief thereon shall
be entered upon the records of the Department of Fire and a signed
copy shall be furnished the applicant.
[Ord. 6838, passed 7-25-1985]
The Fire Prevention Code hereby adopted is amended as follows:
(a) The City of New Castle shall be inserted wherever the words "Name
of Municipality" appear in brackets therein.
(b) Wherever the term legal officer or legal representative is used in
this Code, it shall be held to mean the City Solicitor.
(c) Section F-105.5.1 is hereby amended to read as follows:
(1)
Any person who shall violate any provision of this Code shall, upon conviction thereof, be punished as provided in Section
101.99 of the Administrative Code. Each day a violation of this Code continues shall constitute a separate offense.
(2)
The application of the above penalty shall not be held to prevent
the enforced removal of prohibited conditions.
[Ord. 5734, passed 8-12-1958]
Whenever the Fire Chief shall disapprove an application or refuse
to grant a permit applied for, or when it is claimed that the provisions
of the 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 Chief to Council.
[Ord. 5734, passed 8-12-1958]
Council and the Fire Chief 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 the Code. The Chief shall post
such list in a conspicuous place in his office, and distribute copies
thereof to interested persons.
[Ord. 7590, passed 9-26-2002; Ord. 8342, passed 9-10-2020]
In addition to the provisions set forth in Sections F-300.0
through F-301.6 of the BOCA Fire Prevention Code, the following provisions
shall apply:
(a) No person shall cause or permit the open burning of any material
with the exception of the following:
(1)
A fire set to prevent or abate a fire hazard, when approved
by the Department of Environmental Protection and set by or under
the supervision of the Fire Chief with the approval of the Mayor.
(2)
Any fire set for the purpose of instructing personnel in fire
fighting, when approved by the Department of Environmental Protection.
(3)
A fire set for the prevention and control of disease or pests,
when approved by the Department of Environmental Protection.
(4)
A fire set solely for recreational or ceremonial purposes, provided
however, that a permit is obtained in accordance with Subsection (b)
hereof.
(5)
A fire set solely for cooking food.
(6)
Clearing and grubbing wastes in accordance with the laws of
the Commonwealth of Pennsylvania and the regulations of the Department
of Environmental Protection.
(7)
Fire pits/tables for recreational purposes subject to the following
requirements and restrictions:
A.
Fire pit/tables must be constructed at a size no less than 36
inches in length and in width and no less than 18 inches in height.
B.
Fire pit/tables must be constructed with non-combustible material
such as stone, brick or steel. Commercial fire pits/tables must be
used in accordance with manufacturer instructions.
C.
Fire pits/tables must be placed at least 10 feet away from any
property line, easement or right of way and at least 25 feet away
from any structure. For purposes of this section, a structure shall
include any building, house, garage, shed, recreational equipment,
and/or similar manufactured or constructed item.
D.
A means of fire suppression, such as fire extinguisher, water
hose, bucket of water, and/or sand, must be maintained within 10 feet
of the fire pit/table.
E.
All fires must be attended to at all times while burning by
an individual at least 16 years of age.
F.
Only clean, dry wood and/or commercially available fire logs,
paraffin logs, or wood pellets may be used for burning. Paper or commercial
smokeless fire starters may be used only in aid of starting a fire.
The use of accelerants such as gasoline, kerosene, diesel fuel, or
lighter fluid is not permitted.
(b) A person shall not set a fire for ceremonial purposes (i.e., civic
group bonfires) or authorize any such fire to be started or maintained
on any property without having first obtained a permit from the Fire
Chief. All permits shall be issued to the owner or tenant of the property
upon which such fire is to be maintained. Permits for all proposed
fire burning events, other than fire pits/tables for recreational
purposes shall cost $10 and shall be valid for a period of 24 hours.
There shall be no cost to obtain a permit for fire pits/tables used
for recreational purposes. Payment therefore shall be made payable
to the City Treasurer.
(c) Any terms, conditions, restrictions and regulations, other than those
set forth in this article, under which a fire set solely for recreational
or ceremonial purposes, including bonfires, is started or maintained,
shall be determined and imposed by the Fire Chief and set forth on
the permit.
(d) Evidence of unlawful burning as determined by the fire department
or police department shall be considered a violation of this ordinance.
[Ord. 5734, passed 8-12-1958; Ord. 7077, passed 7-7-1992]
All former ordinances or parts thereof conflicting or inconsistent
with the provisions of this article or of the Code hereby adopted
are hereby repealed.
[Ord. 5734, passed 8-12-1958; Ord. 7077, passed 7-7-1992]
Council hereby declares that should any section, paragraph,
sentence or word of this article or of the 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 this article independent
of the elimination herefrom of any such portion as may be declared
invalid.
[Ord. 8342, passed 9-10-2020]
Any person found by the fire department to be in violation of the requirements and restrictions required for use of fire pits/tables for recreational purposes shall receive a warning for a first offense, and thereafter, for every subsequent offense for which said person shall be convicted, shall be punished as provided in Section
101.99 of the Administrative Code. Any person who violates any other provision of this article shall be punished as provided in Section
101.99 of the Administrative Code.