[Ord. No. 2022-2356, 11/1/2022]
The Borough of Phoenixville hereby adopts, for the purpose of
establishing rules and regulations for regulating and governing the
safeguarding of life and property from fire and explosion hazards
arising from the storage, handling and use of hazardous substances,
materials and devices and from conditions hazardous to life or property
in the occupancy of buildings and premises in the Borough of Phoenixville,
including administration, enforcement and penalties, the following
provisions of the International Fire Code, 2018 Edition, save and
except such portions as are hereinafter deleted, modified, or amended
by this chapter, of which three copies have been and are now filed
in the office of the Code Official, and the same is hereby adopted
and incorporated by reference as fully as if set out at length herein.
[Ord. No. 2022-2356, 11/1/2022]
1.
This Part shall not apply to new construction that is otherwise regulated
or under construction through permits issued under the Pennsylvania
Uniform Construction Code and the international codes which are mandatorily
adopted by the Borough of Phoenixville thereunder (collectively the
"UCC").
2.
To the extent of any conflict between the provisions of the UCC (including,
without limitation, the International Fire Code to the extent the
International Fire Code is referenced by the International Building
Code), the provisions of the UCC shall apply.
[Ord. No. 2022-2356, 11/1/2022]
1.
The 2018 International Fire Code, as adopted, is amended as hereafter
set forth:
A.
Section 101.1, Title: Insert "Borough of Phoenixville, Chester County,
Pennsylvania" in place of the bracketed phrase [Name of Jurisdiction].
B.
Section 109.4, Violations penalties: Insert "summary offense" in
place of the bracketed phrase [specify offense] and insert "$1,000"
in place of bracketed phrase [amount] and insert "30 days" in place
of the bracketed phrase [number of days].
2.
The 2018 International Fire Code, Chapter 56, Explosives and Fireworks,
is hereby amended by modifying and amending portions thereof as hereinafter
set forth:
A.
Statement of Purpose. This Part has as its purpose the protection
of the health, safety and welfare of the general public through limiting
the use of fireworks. Fireworks contain explosives, which can damage
property and endanger human life when misused, or used under conditions
which create hazards which would not exist for the presence of such
conditions. This Part will allow for outdoor display of fireworks
to be put on by professional competent pyrotechnicians in a safe manner.
B.
Definitions.
(1)
Words employed herein which are defined in the International
Fire Code, 2018 Edition, shall have the same definition as that employed
in the International Fire Code, 2018 Edition.
(2)
Consumer Fireworks.
(a)
The term includes any combustible or explosive composition or
any substance or combination of substances which is intended to produce
visible or audible effects by combustion, is suitable for use by the
public, complies with the construction, performance, composition and
labeling requirements promulgated by the Consumer Products Safety
Commission in 16 CFR (relating to commercial practices) or any successor
regulation and complies with the provisions for "consumer fireworks"
as defined in American Pyrotechnics Association ("APA") Standard 87-1,
the sale, possession and use of which shall be permitted throughout
this commonwealth.
(b)
The term does not include devices such as "ground and hand-held
sparkling devices," "novelties" or "toy caps" in APA Standard 87-1,
the sale, possession and use of which shall be permitted at all times
throughout this commonwealth.
(3)
Display Fireworks.
(a)
Large fireworks designed primarily to produce visible or audible
effects by combustion, deflagration, or detonation. This term includes,
but is not limited to, salutes containing more than two grains (130
mg) of explosive materials, aerial shells containing more than 40
grams of pyrotechnic compositions, and other display pieces which
exceed the limits of explosive materials for classification as "consumer
fireworks." Display fireworks are classified as fireworks UN0333,
UN0334 or UN0335 by the U.S. Department of Transportation at 49 CFR
172.101.
(b)
This term also includes fused set pieces containing components
which together exceed 50 mg of salute powder.
(4)
Display Property. The lot, parcel or tract of real estate on
which a permitted outdoor display of fireworks is to be conducted.
C.
Incorporation of International Fire Code. Chapter 56, Explosives and Fireworks, of the International Fire Code, 2018 Edition, shall constitute reasonable rules and regulations for displays of consumer fireworks and display fireworks, as set forth in the Act 74 of 2022, House Bill 2157, P.N. 3332, adopted by the General Assembly on July 6, 2022, was signed by the Governor on July 11, 2022, amended Title 3 Pa.C.S.A. Chapter 11 (hereafter, "Fireworks Law" or "Law"), and became effective on September 9, 2022, incorporated into this Part by reference. Supervised public displays permitted; permits, and the provisions thereof are hereby incorporated by reference as if set forth here at length. In the event of any irreconcilable conflict between the provisions of the International Fire Code and this section, those provisions which provide greater safety and protection to person and property or which is more restrictive on the conduct of outdoor display of fireworks shall apply.
D.
Delegation of Authority.
(1)
The Borough Council of Phoenixville Borough hereby authorizes the Chief to act as its duly authorized agent to enforce the requirements of Title 3 Pa.C.S.A. Chapter 11, supervised public displays permitted; permits, to grant permission and issue permits for outdoor displays of fireworks, provided that the permit applicant fully meets the requirements of the International Fire Code, including, without limitation, the requirements of Chapter 56, Explosives and Fireworks, and including, but not limited to, Section 5608, Fireworks Displays, thereof, and the additional rules and regulations set forth in this section.
(3)
The Fireworks Law authorizes Pennsylvania municipalities to
restrict or prohibit certain uses of consumer fireworks as defined
in the Law if the municipality determines that certain conditions
are met.
E.
Display Fireworks.
(1)
In accordance with the Fireworks Law,[2] a permit is required before any use of display fireworks
within the Borough of Phoenixville limits. Permit application forms
are available during normal business hours. The application must include
facts sufficient to establish that the display fireworks will not
be ignited within 300 feet of sales locations for consumer fireworks
and that the display fireworks will be handled by a competent operator
at least 21 years of age who demonstrates evidence of fireworks handling
and safety training, all in accordance with Sections 1102 and 1107
of the Fireworks Law. The application must include the approval of
the Chief of the Fire Department or other appropriate official as
may be designated by the Phoenixville Borough Council and that the
display fireworks will not be located, discharged or fired in such
a manner as to be hazardous to property or an endangerment to any
person. The application shall be accompanied by a certificate of insurance
in accordance with Subsection 1102(d) of the Law. The applicant must
acknowledge acceptance of the requirements otherwise established by
state and federal law. Permit extensions shall be permitted in accordance
with Subsection 1102(e) of the Law provided the extension sought receives
a renewed approval by the designated official that the extended use
would not be hazardous to property or an endangerment to any person.
[2]
Editor's Note: See 3 Pa.C.S.A. § 1101 et seq.
(2)
Permit Applications. All applications for a permit for an outdoor
display of fireworks shall be made in writing by use of a Phoenixville
Borough application form and submitted to the Chief, with all required
information, documentation and plans, not later than 45 days prior
to the scheduled display. No permit shall be issued for any late application.
(3)
Permittee to Be Owner of Display Property. The permittee (operator)
shall be the record owner of the display property, other than displays
conducted on Borough property with the permission of the Borough.
(4)
Structures Disallowed in Display Site. The permittee shall ensure
that there are no dwellings, buildings, or any other structures (including
tents) located within the display site, whether or not the dwelling,
building or structure will be unoccupied during the display, and whether
or not the dwelling, building or other structure provides protection
through substantial noncombustible or fire-resistant construction
for the occupants. No permit shall be issued for any outdoor display
of fireworks where plans submitted to the Chief evidence, at the sole
discretion of the Chief, that there are or will be dwellings, buildings,
or any other structures (including tents) located within the display
site.
(5)
Location of Display Site on the Display Property. The display
site shall be situated on the display property at such location as
is the greatest distance from the nearest dwelling, building, structure
(including tents), or public street while still meeting the International
Fire Code clearance and separation distance requirements.
(6)
Revocation of Permit; Cancellation or Discontinuance of Display.
The permit for any outdoor display of fireworks may be immediately
revoked and the display immediately canceled or discontinued at any
time deemed necessary by the Chief or any authorized representative
of the Department, at their sole and absolute discretion, as a result
of any noncompliance with any legal requirements, including, without
limitation, the requirements of this section, or due to weather conditions
such as drought, extremely low humidity, or wind factors. Any permitted
outdoor display of fireworks shall be canceled if wind gusts exceed
25 miles per hour as measured immediately prior to the commencement
of the display, and shall be discontinued if wind gusts exceed 25
miles per hour at any time prior to the end of the display. The display
may also be ordered discontinued immediately whenever, in the sole
and absolute discretion of the Chief, an authorized representative
of the Department, or the operator, determines that a hazardous condition
exists and shall not resume until such time as the hazardous condition
is corrected to the sole and absolute satisfaction of the Chief or
the Department representative. The permit shall be immediately revoked
and the display shall be discontinued in the event of accidental ignition
of any form of combustible or flammable materials as a result of falling
debris from the display.
(7)
Fire Department Presence at, and Call for Emergency Medical
Services to, Display Property. The permittee shall make arrangements
with the Department to ensure the presence at the display property
of a Department fire pumper and/or other firefighting equipment as
determined by the Chief, and a minimum of three firefighters, for
a period beginning 30 minutes prior to the display and ending 30 minutes
after the display is concluded. All costs related to the provision
of fire personnel and apparatus, and calls for emergency medical services
and apparatus, shall be paid by the permittee in an amount determined
by Phoenixville Borough.
(8)
Traffic Control Arrangements with Phoenixville Borough Police
Department. Not less than 10 business days prior to conducting the
display, the permittee shall make arrangements acceptable to the Phoenixville
Borough Police Department for traffic control. Traffic control shall
be conducted by Phoenixville Borough police officers. Traffic control
measures shall be sufficient to prevent motorists, whether or not
attending the display, from parking, stopping or standing motor vehicles
within the right-of-way or shoulder of that portion of any public
street abutting the display property, or that portion of any public
street in sufficiently close proximity to the display property to
be affected by the traffic to be generated thereby, as determined
by the Phoenixville Borough Police Department. The permittee shall
submit to the Phoenixville Police Department for its review and approval
its traffic control plans. Such plans shall include provisions for
handling ingress and egress of motor vehicles to and from the display
property and interior circulation of vehicles within the display property
and demonstrate adequate parking on the display property. In the event
that the permittee anticipates the necessity for additional parking
facilities, other than those available on the display property, the
permittee may contract with a nearby property owner or owners for
overflow parking, provided that either: shuttle service from the overflow
parking site to the display property is provided; or safe pedestrian
pathways are available from the overflow parking to the display property.
Such plans shall be sufficiently detailed so as to permit meaningful
review by the Phoenixville Police Department. All costs related to
the provisions of police officers and police vehicles shall be paid
by the permittee in an amount determined by Phoenixville Borough.
The permittee shall not conduct the display unless such traffic control
measures and plans have been approved in writing by the Phoenixville
Police Department.
(9)
Enforcement of Requirements. The Chief and Phoenixville Borough
police officers are authorized to enforce all legal requirements relating
to outdoor displays of fireworks, including the requirements of this
section or other Borough ordinances and/or state law, and, in addition
to criminal sanctions or civil remedies, they may revoke any permit
and order the cancellation and/or discontinuance of a display upon
any failure or refusal of the permittee to comply with such legal
requirements, including, without limitation, this Part, other Borough
ordinances and/or state law, or upon any failure or refusal to comply
with the orders and directives of the Chief, a Phoenixville Borough
police officer, or an authorized representative of the Department.
(10)
Property Owners to Be Notified.
(a)
The permittee shall notify, in writing, the owners of all real
estate located within 2,000 feet of all boundaries of the display
property. The notice shall be mailed by USPS certified mail, return
receipt requested, to such owners not later than 10 days prior to
the date on which the display is to take place, and proof of such
mailing shall be delivered to the Chief not later than three days
prior to the date on which the display is to take place. The notice
shall contain not less than the following information:
1)
The name, address and phone number of the permittee and of its
contact person responsible for the display;
2)
The name, address and phone number of the operator and of its
contact person directly responsible for conducting the display;
3)
The date, time and location of the display; and
4)
A general statement describing the display.
(b)
The permittee shall not conduct the display unless such proof
of mailing has been delivered to the Chief.
(11)
Removal of Debris and Trash from Display Area. The permittee
shall remove all combustible debris and trash from the display areas
prior to the commencement of the display.
(12)
Inspection and Approval of Discharge Site Setup. After the discharge
site has been completely set up, and prior to the commencement of
the display, the permittee shall cause the discharge site to be inspected
and approved by an authorized representative of the Department. The
permittee shall not conduct the display unless such approval has been
obtained.
(13)
Removal of Display Debris. In the event that any property owner
or occupant notifies the Borough, the permittee, or the operator that
debris from the display has fallen on such property, the permittee
shall remove such debris from such property within 24 hours of notice
to the permittee or the operator from the owner, occupant, or the
Borough.
F.
Consumer Fireworks.
(1)
In accordance with the Fireworks Law,[3] and based upon legislative findings that there is no location
within the Borough of Phoenixville limits that meets statutory requirements,
including but not limited to the prohibition of use within 150 feet
of a building or vehicle, the use of consumer fireworks within those
limits in accordance with Section 1104(b)(5) of the Law is hereby
prohibited.
[3]
Editor's Note: See 3 Pa.C.S.A. § 1101 et seq.
(2)
Upon proper application as hereafter prescribed, a use within the Borough of Phoenixville limits may be permitted as an exception when it is demonstrated that the proposed use by exception can be conducted without violating the prohibitions set forth in Subsection 2F(1) above and Section 1104(b)(5) of the Law.[4]
[4]
Editor's Note: See 3 Pa.C.S.A. § 1104.
(3)
Permit application forms for a use by exception are available
through the Borough during normal business hours. The application
for use by exception must include facts sufficient to establish in
accordance with Section 1104 of the Law[5] that the provisions relating to Consumer Fireworks will
not be violated, including facts sufficient to demonstrate: 1) that
no one under the age of 18 will purchase, possess or use consumer
fireworks; 2) that consumer fireworks will not be used on private
property or on public property, including, but not limited to, streets,
parking lots, sidewalks and parks, without the express permission
of the owner or entity that controls the property; 3) that the consumer
fireworks will not be used within, directed at or directed from a
"vehicle" or "building" as those two terms are defined in the Law;
4) that the consumer fireworks will not be directed at another person;
5) that the consumer fireworks will not be used by a person who is
under the influence of alcohol, a controlled substance or another
drug; and 6) that the consumer fireworks will not be used within 150
feet of a building or vehicle, whether or not the building or vehicle
is owned by the user of the consumer fireworks.
[5]
Editor's Note: See 3 Pa.C.S.A. § 1104.
(4)
In accordance with Section 1104 of the Fireworks Law,[6] no permit shall be granted for the use by exception of
consumer fireworks within 150 feet of an animal housing facility as
defined in the Law, or a fenced area designed to confine livestock
owned or managed by another person. A permit may be granted on the
basis of an application that meets the requirements of Section 1104
for use of consumer fireworks at a distance of 150 feet to 300 feet
if the prospective user of the consumer fireworks provides proof of
notification in writing to the owner or manager of the animals or
livestock of the prospective use at least 72 hours in advance.
[6]
Editor's Note: See 3 Pa.C.S.A. § 1104.
(5)
Applications for use by exception of consumer fireworks shall
be received at least 45 days prior to the date of proposed use. Permits
for the use by exception of consumer fireworks may be granted by the
Phoenixville Borough Council, by the Borough Manager, or by such official
or officials as are so designated by upon approval of the application
and payment of a fee as set in accordance with the Borough of Phoenixville
Master Schedule of Fees.[7]
[7]
Editor's Note: Said schedule is on file in the Borough
offices.
(6)
The permit shall restrict the use by exception of consumer fireworks
to the day and time listed in the application but in no event shall
the permit allow use later than 10:00 p.m.
(7)
No permission is granted by the Phoenixville Borough Council
to any person to ignite or discharge consumer fireworks on the streets
or sidewalks in the Borough of Phoenixville or on any property owned
or occupied by the Borough of Phoenixville or other governmental entity,
including, without limitation, all of the Borough of Phoenixville's
parks and buildings.
G.
Fines.
(1)
In accordance with the provisions of Section 1114(1) of the
Law,[8] any person using consumer fireworks in violation of the
provisions of this chapter, for the first offense commits a summary
offense, and upon conviction shall, in addition or any other penalty
authorized by law, be punishable by a fine of not more than $500.
A subsequent offense under this chapter committed within three years
of a prior conviction shall constitute a summary offense, and upon
conviction shall, in addition to any other penalty authorized by law,
be punishable of a fine of not more than $1,000.
[8]
Editor's Note: See 3 Pa.C.S.A. § 1114(1).
(3)
Any person selling or using display fireworks in violation of
the Law is punishable in accordance with Section 1114(3) by a fine
of not less than $10,000.
[Ord. No. 2022-2356, 11/1/2022]
In all matters that are regulated 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 requirements thereof are more
restrictive than the provisions of this International Fire Code.
[Ord. No. 2022-2356, 11/1/2022]
1.
The International Fire Code shall be enforced by the Chief for purposes
of the administration and enforcement of the International Fire Code.
2.
Periodic Inspections of Commercial, Industrial and Multi-Residential
Buildings. The Chief is authorized to inspect existing commercial,
industrial and/or multifamily residential buildings, structures and
premises periodically to determine compliance with the International
Fire Code. The Chief's belief that a violation may exist is not
a precondition to any such inspection.
[Ord. No. 2022-2356, 11/1/2022]
Borough Council may, from time to time, by written resolution,
adopt and amend its Master Schedule of Fees[1] and charges for inspections, compliance work, application
processing, permits, and other work of the Chief related to the enforcement
of the International Fire Code.
[1]
Editor's Note: Said schedule is on file in the Borough
offices.
