[HISTORY: Adopted by the Borough Council
of the Borough of Bell Acres 7-11-1983 by Ord. No. 112.[1] Amendments noted where applicable.]
[1]
Editor's Note: This ordinance repealed Ord.
No. 72, adopted 11-11-1974.
A certain document, one copy of which is on file in the office of the Secretary/Treasurer of the Borough of Bell Acres, being marked and designated as the "BOCA Basic Fire Prevention Code, Fifth Edition, 1981," as published by the Building Officials and Code Administrators International, Inc., is hereby adopted as the Fire Prevention Code of the Borough of Bell Acres, in the State of Pennsylvania, for the control of buildings and structures as herein provided. Each and all of the regulations, provisions, penalties, conditions and terms of said BOCA Basic Fire Prevention Code are hereby referred to, adopted and made a part thereof as if fully set out in this chapter with the additions, deletions or changes, if any, prescribed in § 99-2 of this chapter.
A.
Section F-100.1 (page 1, second line). Insert: "the
Borough of Bell Acres."
B.
Section F-102.1 (page 2). Delete the entire section
and substitute the following:
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F-102.1 Fire Marshal and Deputy Fire Marshals:
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1.
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a.
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"Borough" means the Borough of Bell Acres.
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b.
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"Fire Marshal" means the Fire Marshal of the
Borough of Bell Acres.
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c.
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"Deputy Fire Marshals" means the deputy fire marshal of the Borough of Bell Acres, for the enforcement and administration of this Chapter 99, Fire Prevention, of the Code of the Borough of Bell Acres. The Fire Marshal and his deputies shall be appointed by the Borough Council for a term of two years or at the pleasure of the Borough Council, which two-year terms shall run concurrently with the regular reorganization meeting of the Borough Council as set forth in the Borough Code. Such appointments shall be made with recommendations from the Fire Department officers, recommendations from the residents of the borough or from recommendations made by the individual Councilmen of the Borough Council.
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2.
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Requirements and duties of the Fire Marshal
and deputies: The Fire Marshal and his deputies must have at least
five years' active service as members of a fire department and shall
have had adequate training and schooling in the area of fire prevention.
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Insofar as possible, the Fire Marshal or his
deputies appointed by the Council of the Borough must attend every
fire. At that time, they shall aid in protecting the property from
damage and pillage, being authorized to call upon any peace officer
for assistance. They must also attempt to find the cause of the fire,
the amount of loss, the names of all owners and the amount of insurance
carried. They may issue warrants of arrest to suspects of arson. They
shall keep a record, open to the public, of all fires in the Borough
and of all of their investigations of fires and make an annual report
to the Borough Council of their activities as Fire Marshal or deputies
in the previous year. The Fire Marshal or his deputies shall report
any fire that causes structural damage to any structure in Bell Acres
Borough to the Building Inspector within 24 hours after the fire.
The Fire Marshal and his deputies shall have the right to inspect
any building in the Borough and order the owner or tenant to make
repairs, alterations or removals or to take any other necessary steps
to eliminate fire hazards. Before making any such inspection, the
Fire Marshal or his deputies shall, upon receiving a written request
from the owner or tenant or upon probable cause give written notice
to any building owner or tenant of his or their intention to inspect
the building at least 72 hours from the time of receipt of written
notice by the owner or tenant from the Fire Marshal or his deputies.
The removal of any fire hazard by order of the Fire Marshal or his
deputies shall be at the expense of the property owner.
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3.
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Authority restricted: The Fire Marshal or his
deputies shall not have the power or authority to direct, take charge,
dispatch equipment and manpower or issue orders at the scene of any
emergency, fire or disaster in the Borough. These duties shall be
performed by the Fire Chief or the next officer in the chain of command
of the Fire Department of the Borough.
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4.
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Administration and enforcement of Chapter 99, Fire Prevention, of the Code of the Borough of Bell Acres. The Fire Marshal or his deputies shall prescribe and issue all forms necessary for the administration of Chapter 99, Fire Prevention, of the Code of the Borough of Bell Acres and may adopt and enforce regulations relating to any matter pertaining to the administration of Chapter 99, Fire Prevention, of the Code of the Borough of Bell Acres.
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C.
Section F-103.8 (page 5) is hereby added:
[Amended 7-13-1992 by Ord. No. 157]
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F-103-8 Permits and fees: Fees shall be paid by the applicant for the permits as called for under this model code and Chapter 99, Fire Prevention, of the Code of the Borough of Bell Acres. The fees and permits necessary are for new installation and remodeling of existing installations and paid to the office of the Fire Marshal in the amount as set forth in Ordinance No. 157, or amendments thereto, which ordinance is on file in the Borough offices.
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D.
Section F-104.0, Board of appeals, is amended to read
as follows:
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SECTION F-104.O BOARD OF APPEALS
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F-104.1 Creation of Fire Code Appeals
Board: There is hereby created a Fire Code Appeals Board. As
used in this section, unless the context clearly indicates otherwise,
the term "Board" shall refer to such Fire Code Appeals Board.
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F-104.2 Membership of Board: The
Bell Acres Borough Zoning Hearing Board, along with two additional
members that are qualified by experience and training to rule on matters
pertaining to building construction and fire prevention, shall make
up the Fire Code Appeals Board.
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F-104.3 Removal of members: Any
Board member may be removed for malfeasance, misfeasance or nonfeasance
in office or for other just cause by a majority vote of the Borough
Council, taken after the member has received 15 days' advance notice
of the intent to take such a vote. A hearing shall be held in connection
with the vote if the member shall request it, in writing, at least
five days prior thereto.
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F-104.4 Expenditures for services: Within the limits of funds appropriated by the Borough Council,
the Board may employ legal counsel, consultants and technical services.
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F-104.5 Appeals: Any owner or person
who has been aggrieved with a ruling or decision of a fire official,
Fire Marshal or other enforcing officer on any matter relative to
the interpretation or enforcement of any of the provisions of the
Fire Prevention Code may appeal such ruling, decision or interpretation
to the Board for review within 30 days after notification of such
ruling, decision or interpretation.
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The Board shall hear and decide appeals where
it is alleged by the appellant that the fire official, Fire Marshal
or other enforcing officer has failed to follow prescribed procedure
or has misinterpreted or misapplied any provision of the Fire Prevention
Code or where it is alleged by the appellant that a provision or provisions
of such Fire Prevention Code are unconstitutional.
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F-104.6 Variances: The Board shall hear requests
for variances where it is alleged that a provision or provisions of
the Fire Prevention Code inflict unnecessary hardship upon the applicant
which has not been created by the applicant. The Board may grant a
variance, provided that the following findings are made where relevant
in a given case:
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1.
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That the variance, if authorized, will represent
the minimum variance that will afford relief and will represent the
least modification possible of the regulation or ordinance provision
in issue.
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2.
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That the variance, if authorized, will not substantially
impair the safety of adjacent property or buildings nor be detrimental
to the public welfare or safety.
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3.
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That the variance, if authorized, will represent
an equally good or better form of fire protection construction than
as is provided for in a given instance in the Fire Prevention Code.
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4.
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That the rule, regulation or ordinance provision
is found to be unreasonable or unnecessary in a given case.
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In granting any variance, the Board may attach
such reasonable conditions and safeguards as it may deem necessary
to implement the purposes of the Fire Prevention Code.
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F-104.7 Decision by Board: The
Board shall enter a written decision on any appeal within 45 days
after the last hearing before the Board. Where the appeal is contested
or denied, each decision shall be accompanied by findings of fact
and conclusions based thereon, together with the reasons therefor.
Where the Board fails to render the decision within the period required
herein or fails to hold a hearing within 45 days from the date of
the filing of the appeal, the decision shall be deemed to have been
rendered in favor of the appellant unless the appellant has agreed,
in writing, to an extension of time.
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F-104.8 Appeals in court: Any decision
of the Board may be appealed to the Court of Common Pleas by any party
aggrieved or by the Borough, filed not later than 30 days after notice
of the decision is issued. The filing of an appeal in court under
this section shall not automatically stay the action appealed from,
but the appellants may petition the court for a stay, the granting
or refusal of which and amount of bond required, if any, shall be
within the sound discretion of the Court.
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E.
Section F-105.4, Notice of violation, is amended to
read as follows:
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F-105.4 Notice of violation:
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(1)
Whenever the fire official or Fire Marshal or his
deputies observes an apparent or actual violation of the provisions
of the BOCA Fire Prevention Code or any other code or ordinance within
his jurisdiction, he shall notify the owner and/or manager or person
in charge, or his authorized representative or agent, of the condition
of violation. This notification will be either in writing or in person.
Such notification shall be deemed as official notice for abatement
of the violation. If such violation is not corrected within 24 hours,
the owner and/or agent, or both, shall be liable for legal proceedings
to be instituted against them. Any violation that affects the immediate
safety of the public as interpreted by the fire official or Fire Marshal
or his deputies shall be abated immediately.
(2)
Any person, firm or corporation violating the provisions
of the code shall be liable for a fine and/or imprisonment as provided
in the appropriate court for the offense. Each day the violation continues
shall be considered a separate offense.
(3)
Where the fire official, Fire Marshal and/or his deputies
finds a violation that, in his opinion, may affect the health and/or
safety of the occupants, he shall take all steps necessary to prevent
such violation from continuing.
(4)
When orders to eliminate dangerous or hazardous conditions are given by the fire official, Fire Marshal or his deputies, these conditions shall be immediately abated and all occupants shall be removed from such premises except those who are actively engaged in eliminating the hazardous condition. Any owner, agent, operator, manager or any other person in charge of such facility shall be subject to the penalties of Chapter 99, Fire Prevention, of the Code of the Borough of Bell Acres for failure to immediately remove all unauthorized persons as hereinbefore stated from the premises.
(5)
For occupancy loads, when observed by the fire official,
Fire Marshal or his deputies, an illegal occupancy load or the blockage
of exit doors or inoperation of any other life-safety equipment, court
action shall immediately be taken and all persons occupying the premises
shall be removed until such violation is abated.
(6)
For any health or safety violation, a citation will
be issued through the District Justice's office as prescribed by law.
Along with such citation, a notice of violation will be issued indicating
the items that must be repaired and/or abated before lawful use of
such structure will again be permitted. This pertains to all occupancies
except residential uses.
F.
Section F-105.5.1, Penalty for violations, is amended
to read as follows:
[Amended 9-14-1992 by Ord. No. 158]
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F-105.5.1 Penalty for violations: Whoever violates any provision of Chapter 99, Fire Prevention, of the Code of the Borough of Bell Acres or of the code adopted hereby or who fails to comply therewith or who violates or fails to comply with any lawful order made thereunder by the Fire Marshal or his deputies within a fixed time shall, for each violation and noncompliance respectively, be fined not more than $1,000, plus costs of prosecution for each offense, and, in default of payment thereof, shall be imprisoned for a period not more than 30 days. The imposition of one penalty for any violation shall not excuse the violation or permit it to continue, and all such persons, firms, corporations or associations shall be required to correct or remedy such violation or defect within a reasonable time. When not otherwise specified, each 10 days that prohibited conditions are maintained shall constitute a separate offense. The penalties and remedies set forth above shall not act as a bar to any action that may be taken pursuant to general municipal law, the Borough Code or any civil or equitable remedy. In the case of a firm or association, the penalties may be imposed upon the partners or members thereof; in the case of a corporation, upon the officers thereof.
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[Added 3-14-1988 by Ord. No. 132]
There is hereby also adopted by reference as
part of the Fire Prevention Code of the Borough of Bell Acres the
National Fire Code, 1983, as amended, published by the National Fire
Protection Association.
[Amended 9-14-1992 by Ord. No. 158]
Nothing in this chapter or in the Fire Prevention
Code hereby adopted shall be construed to affect any suit or proceeding
impending in any court or any rights acquired or liability incurred
or any cause or causes of action acquired or existing under any act
or ordinances hereby repealed, nor shall any just or legal right or
remedy of any character be lost, impaired or affected by this chapter.
[Added 8-9-2021 by Ord. No. 308]
A.
General purpose. The Borough, through the provisions of this section,
hereby incorporates the provisions of Section 638 of the Insurance
Company Law, 40 P.S. § 638, as amended, ("Insurance Company
Law") which provides the Borough with the authority to require security
in the form of insurance proceeds from an insurance company, association,
or exchange ("insuring agent"), doing business in Pennsylvania, for
the removal, repair, and security of fire-damaged buildings and other
structures subject to fire loss claims.
B.
Designated Borough officer. The Borough Manager, or such official's
designee, shall be the designated officer authorized to carry out
all responsibilities and duties stated herein. Any reference to "Borough
Manager" or "Manager" shall be defined to include the Manager and/or
the Manager's official designee.
C.
Payment of insurance proceeds. No insuring agent shall pay a claim
of a named insured for fire damage to a structure located within the
Borough, where the amount recoverable for the fire loss to the structure
under all policies exceeds $7,500, unless the insuring agent has requested
and been furnished with a municipal certificate from the Borough Manager
pursuant to Section 638(b) of the Insurance Company Law ("certificate"),
unless there is compliance with the provisions of this section.
D.
Procedure.
(1)
In the event there are delinquent taxes, assessments, penalties or
other charges (collectively, "municipal claims") against the property
on which the fire loss was suffered (the "property"), or there are
expenses incurred by the Borough for costs of removal, repair, or
securing of any structure on the property (collectively, "municipal
expenses"), the Borough Manager shall immediately render a bill for
such municipal claims and municipal expenses, if not already done.
For purposes of this section, taxes, assessments, penalties and other
charges shall be deemed delinquent as of the date a lien could have
been filed against the property for such claims under applicable law.
(2)
Upon receipt of a written request from the named insured specifying
the description of the property, the name and address of the insuring
agent, and the date of receipt by the insuring agent of a loss report
of the claim, or at the discretion of the Borough Manager, upon verbal
notification confirmed in writing by the insuring agent, the Borough
Officer shall furnish to the insuring agent, within 14 working days
after receipt of such request, a certificate either:
(a)
Stating that there are no unpaid municipal claims or municipal
expenses against the property; or
(b)
Specifying the nature and amount of any unpaid municipal claims
or municipal expenses against the property and accompanied by a bill
for such amounts.
(c)
Subject to the provisions of § 99-5D(3) below, upon receipt of a certificate pursuant to § 99-5D(2)(a) above, the insuring agent shall pay the claim of the named insured in accordance with the applicable policy terms; upon receipt of a certificate and a bill pursuant to § 99-5D(2)(b) above, the insuring agent shall transfer to the Borough Officer from the applicable insurance proceeds an amount sufficient to pay said bill prior to making payment to the named insured.
(3)
Notwithstanding the provisions of § 99-5D(2)(c) above, if the loss agreed upon by the named insured and the insuring agent equals or exceeds 60% of the aggregate limits of liability on all fire policies covering the damaged structure, the following procedures shall be followed:
(a)
The insuring agent shall transfer from the insurance proceeds
to the Borough Manager, in the aggregate, $2,000 for each $15,000
of such claim or fraction thereof.
(b)
If, in addition to the loss report submitted by the named insured to the insuring agent, the named insured has submitted to the insuring agent a contractor's signed estimate of the costs of removing, repairing or securing the structure in an amount less than the amount calculated under the transfer formula set forth in § 99-5D(3)(a) above, the insuring agent shall transfer from the insurance proceeds only the amount specified in such estimate.
(c)
If more than one insuring agent has insured the damaged structure, the transfer of proceeds described in this Subsection D shall be on a pro rata basis by all such insuring agents.
(d)
When transferring funds as required in § 99-5D(3)(a) through (c), each insuring agent shall provide the Borough with the name and address of the named insured.
(e)
Upon receipt of the portion of insurance proceeds described in § 99-5D(3)(a) or (b) above, the Borough Manager shall take the following actions:
[1]
Place said proceeds in a separate fund to be used solely as
security against the total municipal expenses anticipated by the Borough
for the removal, repair or securing of the damaged structure, including
without limitation any engineering, legal or administrative costs
incurred by the Borough in connection therewith or proceedings related
thereto.
[2]
Mail to the named insured at the address provided by the insuring
agent a notice that the proceeds have been received by the Borough
and that the procedures outlined in this section shall be followed.
[3]
If the named insured submits to the Borough a contractor's
signed estimate of the costs of removing, repairing or securing the
structure in an amount less that said proceeds, return to the named
insured the amount of such proceeds in excess of the amount required
to pay municipal expenses, provided that the Borough Manager, in consultation
with the Borough Building Inspector and/or the Borough Engineer, deems
such estimate to be reasonable, and provided further that the Borough
has not commenced the removal, repair or securing of the structure,
in which case the Borough shall complete such work.
[4]
Reimburse the Borough for the municipal expenses paid by the
Borough.
[5]
Transfer the remaining balance of such proceeds without interest
to the named insured after certifying that the removal, repair or
securing of the structure has been completed in accordance with all
applicable Borough ordinances and regulations.
[6]
Pro rata transfer. The transfer of proceeds shall be on a pro
rata basis by all companies, associations, or exchanges insuring the
damaged building or structure.
[7]
Post-transfer contractor's estimate. After the transfer
of proceeds, the named insured may submit a contractor's signed
estimate of the costs of removing, repairing or securing the damaged
building or other structure, and the Borough Manager shall return
the amount of secured proceeds in excess of the estimate to the named
insured, if the Borough has not otherwise commenced removing, repairing,
or securing the damaged building or other structure.
(f)
Borough's ability to recover deficiency. Nothing in this
section shall be construed to limit the ability of the Borough to
recover any deficiency.
(g)
Agreement with named insured. Nothing in this subsection shall
be construed to prohibit the Borough and the named insured from entering
into an agreement which permits the transfer of funds to the named
insured if some other reasonable disposition of the damaged property
has been negotiated.
