[HISTORY: Adopted by the City Council of
the City of Lancaster 7-27-2010 by Ord. No. 12-2010.[1]; amended in its entirety 2-28-2023 by Ord. No. 05-2023. Subsequent amendments noted where applicable.]
[1]
Editor's Note: This ordinance superseded former Ch. 142, Fire
Prevention, adopted as Art. 1501 of the Codified Ordinances as amended.
A.
The purpose of this chapter is to provide the City with rules and
regulations to improve public safety by promoting the control of fire
hazards; regulating the installation, use and maintenance of equipment;
regulating the use of structures, premises and open areas; providing
for the abatement of fire hazards; establishing the responsibilities
and procedures for code enforcement; and setting forth the standards
for compliance and achievement of these objectives.
B.
In accordance with Section 608 of the Optional Third Class City Charter Law, 53 P.S. § 41608, 53 P.S. § 41101 et seq., and the Third Class City Code, 11 Pa.C.S.A. § 10101 et seq., there is hereby adopted by the City that certain 2018 International Fire Code (excluding all Appendix Chapters and Appendices; it being the legislative intent that such Appendix Chapters and Appendices are not adopted and incorporated hereby), as published by the International Code Council, Inc., and all of its incorporated standards and codes, if any, as amended or republished from time to time, even with new year numbers, by the International Code Council, Inc. (the "International Fire Code") (Chapter 142 of the Code of the City of Lancaster being referred to herein as the "Fire Prevention Code") for the purposes set forth therein and above. The aforesaid International Fire Code and its incorporated standards and codes hereby adopted are incorporated herein by reference as if set out at length. Copies of the International Fire Code are on file in the offices of the City Clerk and the Fire Chief, where they are available for public inspection. The provisions set forth in this chapter of the Code of the City of Lancaster and the International Fire Code and Fire Prevention Code adopted herein shall be controlling within the limits of the City of Lancaster.
The Fire Chief shall make an annual report of all activities
of City fire officials acting pursuant to this chapter and shall transmit
this report to the Chief Executive Officer of the City. The report
shall contain such statistics as the Chief may wish to include therein.
The provisions of the Fire Prevention Code shall apply equally
to both public and private property, and it shall apply to all structures
and their occupancies, except as otherwise specified.
This chapter shall be deemed an exercise of the police powers
of the City for the preservation and protection of the public health,
peace, safety and welfare, and all the provisions of the Fire Prevention
Code shall be liberally construed for that purpose.
A Board of Appeals is hereby established consisting of three
members and one alternate member who shall be appointed by the Mayor
with the consent of Council by reason of education, experience and
knowledge, who are deemed to be competent to sit in judgment on matters
concerning the Fire Prevention Code and its enforcement. The members
shall serve terms of three years or until their successor is appointed
and confirmed. The present members of the Board of Appeals appointed
pursuant to the existing Fire Prevention Code (Ordinance No. 12-2010
as amended), being repealed hereby, shall serve as the Board of Appeals
for the duration of their existing terms, and thereafter, their successors
shall be appointed pursuant to this chapter.
The 2018 International Fire Code is amended and changed in the
following respects:
A.
Section 101.1 of the International Fire Code is amended
to read as follows:
101.1 Title. These regulations shall be known as
the Fire Code of the City of Lancaster, hereinafter referred to as
"this code."
B.
Section 103.1 of the International Fire Code is amended to read as
follows:
103.1 General. The Fire Chief of the Lancaster
City Bureau of Fire, also known as the "Fire Bureau" shall be responsible
for the enforcement of this code. The Fire Chief shall be responsible
for the direct administration and enforcement of this code. The Fire
Chief may designate such members of the Lancaster City Bureau of Fire
as technical inspectors as shall from time to time be necessary. The
Fire Chief may designate the Fire Marshal and such other Bureau of
Fire members ("Fire Officials") as deemed necessary to assist in the
performance of responsibilities and duties placed hereunder upon the
Fire Chief. Any such appointments by the Fire Chief may be referred
to as Deputy Fire Code Officials and have the powers set forth in
this code for the same. The Fire Chief and all designated Fire Officials
shall be and have the authority, having jurisdiction for the City
of Lancaster, to enforce all provisions of this code. Such officials,
in the performance of their official duties under this code, shall
have the powers and authorities of a police officer of the City of
Lancaster as conferred by law upon police officers of cities of the
third class; provided, however, that under no circumstances shall
they have the power of arrest.
C.
Sections 103.2 and 103.3 of the International Fire Code are deleted.
D.
Section 103.4 of the International Fire Code is amended to read as
follows:
103.4 Liability. The Fire Chief, Fire Marshal,
Fire Officials, Deputy Fire Code Officials, member of the Board of
Appeals, officer or employee charged with the enforcement of this
code, while acting for the jurisdiction, in good faith and without
malice in the discharge of the duties required by this code or other
pertinent law or ordinance, shall not thereby be rendered civilly
or criminally liable personally, and is hereby relieved from all personal
liability for any damage accruing to persons or property as a result
of act or by reason of an act or omission in the discharge of official
duties.
E.
Section 103.4.1 of the International Fire Code is amended
to read as follows:
103.4.1 Legal defense. Any suit or criminal complaint
instituted against the Fire Chief, Fire Marshal, Fire Officials, Deputy
Fire Officials, officer or employee because of an act performed by
the Fire Chief, Fire Officials, officer or employee in the lawful
discharge of duties and under the provisions of this code shall be
defended by the legal representatives of the jurisdiction until the
final termination of the proceedings. The Fire Chief, Fire Marshal,
Fire Officials, Deputy Fire Code Officials, officer or employee shall
not be liable for costs in an action, suit or proceeding that is instituted
in pursuance of the provisions of this code; and any officer of the
Lancaster City Bureau of Fire and/or the fire marshal division, acting
in good faith and without malice, shall be free from liability for
acts performed under any of its previsions or by reason of any act
or omission in the performance of official duties in connection therewith.
F.
Section 104.12 is added to the International Fire Code.
104.12 Fees for services. The Fire Chief shall
have the authority to collect fees for services rendered, as established
by resolution of City Council, which fees may be payable from individuals,
companies or other entities, and shall include but are not limited
to, fire safety training classes, fire watch, standby events, special
events, crowd management, special permits, certificates of fitness
and any other matters specified herein. The fees may be modified from
time to time by Resolution of City Council.
G.
Section 105.6.47 of the International Fire Code Exception 2 through
2.3 are deleted.
H.
Sections 105.6.61 through 105.6.73 are added to the International
Fire Code.
105.6.61 Commercial cooking systems. An operational
permit shall be obtained for any commercial kitchen or facility utilizing
a Type 1 hood system.
105.6.62 Special permits. Special permits may be
required for certain operations not specified in the International
Fire Code. Special permits shall require a permit fee in addition
to actual operational and administrative costs to be determined by
the Fire Chief.
105.6.63 Child day-care facilities. The Fire Chief
may require annual fire and life safety inspections of this occupancy
classification.
105.6.64 Residential board and care facilities. The Fire Chief may require annual fire and life safety inspections
of this occupancy classification.
105.6.65 Mercantile facilities (over 30,000 square feet),
Class A. The Fire Chief may require annual fire and life safety
inspections of this occupancy classification.
105.6.66 Mercantile facilities (3,001 to 30,000 square
feet), Class B. The Fire Chief may require annual fire and
life safety inspections of this occupancy classification.
105.6.67 Mercantile facilities (0 to 3,000 square feet),
Class C. The Fire Chief may require annual fire and life safety
inspections of this occupancy classification.
105.6.68 Educational facilities (Over 500 students), Class
A. The Fire Chief may require annual fire and life safety inspections
of this occupancy classification.
105.6.69 Educational facilities (251 to 500 students),
Class B. The Fire Chief may require annual fire and life safety
inspections of this occupancy classification.
105.6.70 Educational facilities (0 to 250 students), Class
C. The Fire Chief may require annual fire and life safety inspections
of this occupancy classification.
105.6.71 Healthcare facilities (over 400 patients), Class
A. The Fire Chief may require annual fire and life safety inspections
of this occupancy classification.
105.6.72 Healthcare facilities (201 to 400), Class B. The Fire Chief may require annual fire and life safety inspections
of this occupancy classification.
105.6.73 Healthcare facilities (0 to 200 patients), Class
C. The Fire Chief may require annual fire and life safety inspections
of this occupancy classification.
I.
Section 105.8 of the International Fire Code is amended by adding
and deleting the following text:
105.8 Certificates of fitness. The Fire Chief shall
have the authority to require and issue certificates of fitness and
collect fees for the same as established by resolution of City Council
from individuals, companies or other entities performing activities
related to fire safety or life safety, including but not limited to
the following:
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1. Fireworks and fireworks displays;
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2. Servicing of portable fire extinguishers;
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3. Heating systems;
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4. Hood systems including cleaning operations;
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5. Suppression and extinguishing systems;
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6. Tar kettle operations;
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7. Sprinkler systems;
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8. Cutting and welding;
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9. Tent erection;
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10. Central station and proprietary supervising station alarm
systems retransmission, runner service, recordkeeping and reporting;
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11. Special permits;
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12. Fire alarm systems; and
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13. Smoke control and management systems.
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All applications for such certificates of fitness shall be filed
with and on forms provided by the Fire Chief along with all other
documents and information required by the Fire Chief.
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J.
Sections 106.1.1 through 106.1.3 are added to the International Fire
Code.
106.1.1 First re-inspection. A re-inspection fee
of $110 shall be paid for the first re-inspection for noncompliance
of code.
106.1.2 Second re-inspection. A re-inspection fee
of $210 shall be paid for the second reinspection for noncompliance
of code.
106.1.3 Third re-inspection. A re-inspection fee
of $320 shall be paid for the third re-inspection for noncompliance
of code.
K.
Section 109 of the International Fire Code is amended by adding the
following Section 109.4:
109.4 Appeals fees and assessment of costs. A fee
of $100, payable in advance (which fee may be modified from time to
time by resolution of City Council) shall be paid for each appeal
taken to the Board of Appeals from a decision of the Fire Code Official
to defray some of the costs associated with the mailing of notices,
convening the Board and hearing the appeal. The Board of Appeals may
require the party bringing an appeal to pay all costs associated with
hearing the appeal, including, but not limited to, advertising and
stenographic services (where appropriate) when the Board partially
or fully upholds the Fire Code Official's issuance of the appealed
notice of violation.
L.
Section 109 of the International Fire Code is amended by adding the
following Section 109.5:
109.5 Hearings, decisions, court review and duties.
109.5.1 Appeals decision. In deciding the appeals
brought before it, the Board may reverse or affirm, wholly or partly,
or may modify the order, requirement, decision or determination appealed
from and may make such order, requirement, decision or determination
as ought to be made.
109.5.2 Hearings. The Board of Appeals shall fix
a time and place for the hearing of appeals, and such hearings shall
be had within a reasonable time after filing the notice of appeal.
Notice of the time and place of hearing shall be sent by mail to the
appellant or to his attorney of record, and such hearing shall not
be less than six days after the mailing of the notice.
109.5.3 Court review. Any person aggrieved by any
decision of the Board of Appeals, or any taxpayer or any officer,
department or bureau of the City, may appeal the Board's decision
to the Court of Common Pleas of Lancaster County by presenting to
the Court of Common Pleas of Lancaster County a petition duly verified,
setting forth that such decision is illegal, in whole or in part,
specifying the grounds of illegality. Such petitions must be presented
to the Court of Common Pleas of Lancaster County within 30 days after
the filing of the decision by the Board.
109.5.4 Additional duties. In addition to the duties
described above, it shall be the duty of the Board of Appeals to periodically
review this Fire Prevention Code, at least every three years, in relation
to the then current existing conditions insofar as the administration
of it is concerned and to make recommendations to City Council concerning
amendments thereto.
M.
Section 110.1 of the International Fire Code is amended to read as
follows:
110.1 Unlawful acts. It shall be unlawful for a
person, firm or corporation to erect, construct, alter, repair, remove,
demolish or utilize a building, occupancy, premises or system regulated
by this code, or cause the same to be done, in conflict with or in
violation of any of the provisions of this code. Moreover, it shall
be unlawful for any person, firm, corporation or other similar entity
to permit or maintain such a violation, to refuse to obey any provision
thereof or to fail or refuse to comply with any such provision or
regulation except as variation may be allowed by the action of the
Fire Code Official or such other Fire Official as designated by the
Fire Chief. Proof of such unlawful act or failure shall be deemed
prima facie evidence that such act is that of the owner or other person
in control of the premises. Prosecution or lack thereof of either
the owner, occupant or the person in charge shall not be deemed to
relieve any of the others.
N.
Section 110.4 of the International Fire Code is amended to read as
follows:
110.4 Violation penalties.
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1.
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In addition to any other section or remedial procedure provided,
whoever violates any provision of this code; or who shall fail to
comply therewith; or who shall violate or fail to comply with any
order made thereunder; or who shall erect, install, alter, repair,
build, construct or do work in violation of any details, statements,
specifications or plans submitted or approved thereunder; or who shall
operate not in accordance with the provisions of any certificate,
permit or approval issued thereunder and from which no appeal has
been taken; or who shall fail to comply with such an order as affirmed
or modified by the Fire Chief or other designated fire officials by
a court of competent jurisdiction within the time fixed herein shall,
upon conviction thereof in a summary proceeding, be fined not less
than $100 and not more than $1,000 for the first offense, not less
than $200 and not more than $1,000 for the second offense and not
less than $300 and not more than $1,000 for the third and all succeeding
offenses and costs of prosecution for each offense, to be collected
as other fines and costs are by law collectible and, in default of
payment thereof, shall be imprisoned for not more than 90 days. Each
day that a violation continues after due notice has been served shall
be deemed a separate offense.
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2.
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In the case of continual and uncorrected violation of the same
subsection of this code, a fine not less than $300 nor more than $1,000
shall be imposed for the first two continual and uncorrected violations
and not less than $1,000 nor more than $5,000 for the third and any
subsequent continual and uncorrected violation of the same subsection
of this code on the same property, unless the violation is found to
pose a threat to the public's health, safety or property, then,
upon conviction thereof, penalties or fine shall be imposed as follows:
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2.1
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Limited to no less than $600 and no more than $1,000 for the
first two continual and uncorrected violations of the same subsection
of this code on the same property and no less than $1,000 and not
exceeding $10,000 for the third and any subsequent continual and uncorrected
violation of the same subsection of this code on the same property
or imprisonment for any term up to 90 days, or both.
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3.
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The imposition of a penalty for any violation shall not excuse
the violation, nor shall the violation be permitted to continue. All
such persons shall be required to correct or remedy such violations
or defects within a reasonable time and, when not otherwise specified,
the application of the above penalty shall not be held to prevent
the enforced removal of prohibited conditions. As used herein, the
term "person" means an individual, firm, partnership, association,
corporation, company or organization of any kind and includes the
individual members, partners, officers and managers (or any of them)
of partnerships, associations and similar entities and the officers,
directors and managers (or any of them) of corporations.
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4.
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Notwithstanding the foregoing, and as an additional remedy,
the City may issue an administrative ticket and follow the enforcement
provisions set forth in Ordinance No. 2-2008, adopted March 25, 2008.
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O.
Section 112.4 of the International Fire Code is amended to read as
follows:
112.4 Failure to comply. Any person, corporation,
firm or other entity who shall continue any work after having been
served with a stop-work order, except such work as that person, firm,
corporation or entity is directed to perform to remove a violation
or unsafe condition, shall be liable for a fine of $300 for the first
offense, $600 for the second offense and $1,000 for each subsequent
offense.
P.
The International Fire Code is amended by adding the following Section
307.4.3.1:
307.4.3.1 Arresting screen. When in use, all portable
outdoor fireplaces shall have a functioning spark arresting screen
in place.
Q.
The International Fire Code is amended by adding the following Section
319.11;
319.11. Inspection. All mobile food preparation vehicles shall be jointly inspected by the Lancaster City Bureau of Fire and Bureau of Health for compliance with Section 319 of the fire prevention code and Chapter 240, Restaurants, Article III, Mobile Food Trucks, of the Code of the City of Lancaster.
R.
Section 507.3 of the International Fire Code is amended by adding
Section 507.3.1 as follows:
507.3.1 Sufficient Water. If the Lancaster City
water distribution system is unable to provide sufficient fire flow
or flow duration for the design of a sprinkler system, a fire pump,
or any water-based fire protection system, appropriate measures shall
be undertaken by the developer, property owner, or responsible party
to remedy the deficiency. In the event there is inadequate water pressure,
a fire pump or other approved pressure-generating measure or device
shall be installed.
S.
Section 603.1.4.1 of the International Fire Code is amended by adding
the following:
603.1.4.1 Kerosene heaters. Without exception,
the possession and use of portable, unvented kerosene heaters shall
be prohibited in the City.
T.
Section 607.1 of the International Fire Code is deleted and replaced
with the following:
607.1 General. Commercial kitchen exhaust hoods
shall comply with the requirements of the International Mechanical
Code and shall be installed in accordance with the provisions of NFPA
96.
U.
The International Fire Code is amended by replacing Section 907.10
with the following new Section 907.10:
907.10 Other general information regarding smoke alarms.
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1
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In every property in which smoke alarms are required, it shall
be the responsibility of the owner of such property to install smoke
alarms in sufficient number and so located so as to satisfy the requirements
of this code. Following installation, it shall thereafter be the responsibility
of the owner of the property and all occupants of such property age
18 and older to maintain the smoke alarms in good working order. In
the instance that a tenant of a property has removed a smoke alarm,
the landlord shall not be held responsible for the same. Each day
in which a structure is out of conformity with this section shall
be deemed a separate violation.
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2
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At every change of occupancy of every residential occupancy
unit occasioned by or incidental to a sale, lease or sublease of such
unit, it shall be the duty of the grantor thereof (i.e., the seller,
lessor or sublessor, as the case may be) to certify, before occupancy,
to the new occupant that all smoke alarms as required by this section
or applicable laws are installed and in proper working condition.
Failure to comply with this subsection shall be punishable as set
forth herein; provided, however, that this subsection shall not be
construed to vitiate or render void any contract, lease or sublease
subject hereto.
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3
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All smoke alarms shall be hardwired and energized by a non-battery
source emanating from the building and shall contain battery backup.
Notwithstanding the foregoing, sealed, tamperproof, non-removable
ten-year lifespan lithium battery or equivalent energized smoke alarms
shall be allowed; provided, however, that when the battery expires,
the entire smoke alarm shall be replaced. Installation and use of
single-station smoke alarms requiring removable batteries as sources
of power shall be prohibited in all situations.
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4
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Single- or multiple-station smoke alarms shall be installed
and maintained in groups R-1, R-2, R-3, R-4 and in dwellings not regulated
in Group R occupancies, regardless of occupant load, in all of the
following locations:
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4.1
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On the ceiling or wall outside of each separate sleeping area
in the immediate vicinity of bedrooms.
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4.2
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Every habitable space, as defined in 2018 International Building
Code, excluding kitchens and bathrooms.
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4.3
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In each story within a dwelling unit, including basements and
cellars, but not including crawl spaces and uninhabitable attics.
In dwellings or dwelling units with split levels and without an intervening
door between the adjacent levels, a smoke alarm installed on the upper
level shall suffice for the adjacent lower level, provided that the
lower level is less than one full story below the upper level.
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4.4
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Single- or multiple-station smoke alarms shall be installed
in other groups in accordance with the 2018 International Fire Code.
Provisions of this Subparagraph 4 are applicable to new construction
and all existing buildings.
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V.
The International Fire Code is amended by adding the following Section
907.11:
907.11 All required fire alarm systems.
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1.
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Users who connect to a central station service shall pay to
the City an initial inspection and preincident survey fee of $500
and thereafter an annual fee of $100 for the permitting and inspection
of the fire-suppression and/or fire-protection system, which fee may
be changed from time to time by resolution of City Council. The initial
inspection and preincident survey fees shall also be paid upon a change
of occupancy of the property.
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2.
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Users connected to a proprietary supervising station system
shall pay to the City an initial inspection and preincident survey
fee of $500 and thereafter an annual inspection fee of $110 for an
annual inspection of the fire-suppression and/or fire-protection system.
This fee may be changed from time to time by resolution of City Council.
Any proprietary supervising station shall be located at the
protected property in this jurisdiction and may serve noncontiguous
properties under one ownership. Proprietary supervising stations shall
have been certified for fitness and use by a certification organization
approved by the Fire Chief.
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3.
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User charges and fees shall be paid by the owner of the property in accordance with the provisions of Chapter 36 of the Code of the City of Lancaster regarding the payment of municipal claims. Amounts due the City hereunder and those further amounts authorized by Chapter 36 of the Code of the City of Lancaster shall be collectible by the City of Lancaster in all manner allowable under law and/or conformity with the procedures by which municipalities collect municipal claims under the Pennsylvania Municipal Claims Act.[1]
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4.
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All central stations and fire alarm service companies or providers which shall provide fire alarm service in accordance with the requirements of UL 827, Standard for Central Station Alarm Services, including the use of a system or a group of systems in which the operations of circuits and devices at a protected property are signaled to, recorded in and supervised from a central station or location, shall employ, retain or use competent and experienced operators of such circuits and devices and who, upon receipt of such a signal, shall take all such action as is required by this article, UL 827, Standard for Central Station Alarm Services and the most recent edition of NFPA 72 National Fire Alarm and Signaling Code referenced by Chapter 80 of the 2018 International Fire Code.
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5.
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Related activities performed by the central station or fire
alarm service provider at the protected property, including but not
limited to equipment installation, inspection, testing, maintenance
and service and runner service, shall be the direct responsibility
of such central station or alarm service provider.
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6.
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To be qualified to be a central station or fire alarm service provider, such entity, person or company must be controlled and operated by a person, entity or corporation whose business is the furnishing of such services in compliance with the most recent edition of the National Fire Alarm and Signaling Code, NFPA 72 referenced by Chapter 80 of the 2018 International Fire Code.
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7.
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Any such central station or fire alarm service provider shall
submit to the Fire Chief, Fire Marshal or such other officials of
the Fire Bureau, as shall be designated by the Fire Chief, a listing
of all protected premises within the City of Lancaster at the time
of renewal of the certificate of fitness and every six months thereafter;
and copies of maintenance documents for each protected property as
required by the Fire Chief on an annual basis at the time such central
station or fire alarm service provider applies for renewal of its
permit.
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8.
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Any such central station or fire alarm service provider shall
notify, in writing, the Fire Chief, or such other fire officials as
he shall designate, of any canceled alarm service within 24 hours
of such cancellation. All central station or fire alarm service providers
that become the prime contractor undertaking the responsibility of
the canceled alarm service facilities, shall notify the Fire Chief,
or such other fire officials as he shall designate, within 96 hours.
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9.
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All fire alarm systems placed, maintained or serviced on a protected
property by such a central station or alarm service provider shall
contain an easily visible placard identifying the central station
or fire alarm service provider, its postal address, email address
and/or website, and telephone number.
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10.
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All equipment and devices installed or maintained by a central
station or fire alarm service provider on a protected property shall
have been certified for fitness and use by a certification organization
approved by the Chief and shall contain an easily visible placard
identifying the company who certified the equipment or device, its
address and phone number and the date of certification. The Chief
shall maintain a list and make same available to the public of all
organizations and persons approved to provide such certifications.
The requirements of this section of this code shall only apply to
systems installed since January 1, 1994, and shall continue in effect
for all newly installed systems.
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11.
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All central station, proprietary supervising station alarm system
organizations and fire alarm service companies or providers shall
furnish runner service as defined in NFPA 72 (National Fire Protection
Association Number 72), and employ trained and qualified individuals
capable of investigating alarm, supervisory, and trouble signals,
resetting or taking the appropriate corrective action including silencing,
resetting, restoration of equipment, servicing, or repair of equipment.
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[1]
Editor's Note: See 53 P.S. § 7101 et seq.
W.
The International Fire Code is amended by deleting Section 3103.2,
Exception 2 through 2.3.
X.
The International Fire Code is amended by adding the following Chapter 48:
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Chapter 48
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INCIDENT, RESCUE, FALSE CALL AND BUILDING FIRE CHARGES
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SECTION 4801
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SERVICE CALL INCIDENT CHARGES
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4801.1. Owners of structures and vehicles and other
individuals or entities requiring the Fire Bureau to render a service
call, as hereinafter defined, shall pay the Fire Chief charges for
apparatus used in service call incidents based on the schedule attached
hereto and incorporated herein as Exhibit A,[2] which schedule and/or any fees set forth therein may be
changed from time to time by resolution of City Council.
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4801.2. Each such individual or entity requiring a service call shall be billed for a minimum of one hour. Should the Fire Bureau's service call extend beyond one hour, the bill shall be for one hour, plus the amount of time in excess of one hour. Such charges and all other amounts authorized under Chapter 36 of the Code of the City of Lancaster shall be due and owing within 30 days after the service call and are collectible by the City of Lancaster in all manners allowable under law and/or in conformity with the procedures by which municipalities may collect municipal claims under the Pennsylvania Municipal Claims Act.[3]
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4801.3. The following services shall be deemed
service calls for which a service call incident charge shall result:
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1. Assisting an individual who has been locked out
of a structure or a vehicle.
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2. Providing water evacuation services.
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3. Providing smoke odor removal.
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4. Responding to unauthorized burnings, including
unauthorized fires which are under control and are not endangering
property.
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5. Such other service calls of similar nature not
classified above as determined by the incident commander.
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4801.4. Any bill for such services provided for the benefit of a non-City-owned property shall be paid by the property owner in accordance with Chapter 36, Municipal Claims, of the Code of the City of Lancaster. Upon failure of the property owner to pay the amounts due the City in accordance with said Chapter 36, the City shall be entitled to collect all amounts and pursue any and/or all of the remedies identified in Chapter 36, Municipal Claims, of the Code of the City of Lancaster.
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SECTION 4802
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RESCUE CALL CHARGES
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4802.1. Individuals or entities responsible for
requiring the Fire Bureau to render a rescue call, as hereinafter
defined, shall be responsible for paying to the Fire Chief a charge
defined in Section 4802.3 for each such rescue call. Such charge shall
be due and owing from such individual or entity within 30 days after
the rescue call. Such charge is due and owing regardless of the cause
of the rescue call and is collectible by the City of Lancaster in
all manners allowable under law and/or in conformity with the procedures
by which municipalities may collect claims under the Municipal Claims
Act[4] of the Commonwealth of Pennsylvania. Should the individual or entity responsible for such charge have insurance which covers the same, at the request of such individual or entity, the Fire Chief shall bill the insurance carrier directly. Doing so will not, however, relieve such individual or entity from liability for the charge should the insurance carrier fail to pay the same to the City of Lancaster. Any bill for such services provided for the benefit of non-City-owned property shall be paid by the property owner in accordance with Chapter 36, Municipal Claims, of the Code of the City of Lancaster. Upon failure of the property owner to pay the amounts due the City in accordance with said Chapter 36, the City shall be entitled to collect all amounts and pursue any or all of the remedies identified in Chapter 36, Municipal Claims.
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4802.2. A "rescue call" is defined as a service
rendered by Fire Bureau personnel requiring the use of Fire Bureau
equipment, care or ingenuity in freeing a person from a vehicle, elevator,
confined space, construction trenches and other entrapments, and other
similar rescue calls not mentioned above. A rescue call shall not
include any of the above services rendered to an individual or entity
making normal use of a residential home.
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4802.3. Rescue call charges shall be as set forth
on the schedule attached hereto and incorporated herein as Exhibit
A,[5] which schedule and the fees set forth thereon may be changed
from time to time by resolution of City Council.
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SECTION 4803
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HAZARDOUS INCIDENT CHARGES
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4803.1. Any individual or entity who, at the Fire
Chief's discretion, is deemed to be responsible for a hazardous
condition, as hereinafter defined, requiring a response by the Fire
Department shall pay to the Fire Chief charges for apparatus used
in service call incidents based on the schedule attached hereto and
incorporated herein as Exhibit A,[6] which schedule and/or any fees set forth therein may be
changed from time to time by resolution of City Council.
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4803.2. Such charge and all other amounts authorized under Chapter 36 of the Code of the City of Lancaster shall be due and owing from such individual or entity within 30 days after the hazardous condition response and is collectible by the City of Lancaster in all manners allowable under law and/or in conformity with the procedures by which municipalities may collect municipal claims under the Pennsylvania Municipal Claims Act.[7]
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4803.3. Any bill for such services provided for the benefit of non-City-owned property shall be paid by the property owner in accordance with Chapter 36, Municipal Claims, of the Code of the City of Lancaster. Upon failure of the property owner to pay the amounts due the City in accordance with said Chapter 36, the City shall be entitled to collect all amounts and pursue any or all of the remedies identified in Chapter 36, Municipal Claims.
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4803.4. If Fire Bureau personnel are required to
assist in the prevention, control or cleanup or to provide other services
with respect to the following items, the same shall be deemed a hazardous
condition subject to a hazardous condition incident charge:
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1. Removal of explosive bomb.
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2. Dealing with excessive heat.
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3. Dealing with a downed or fallen power line.
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4. Disconnecting of arcing or shorted electrical
equipment.
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5. Aircraft standby.
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6. Dealing with chemical emergencies such as chemical
spills and radiation leaks.
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7. Dealing with spills or leaks with no ignition
of dangerous substances such as gasoline.
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8. Other hazardous conditions of a similar nature
not included above as determined by the incident commanders.
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SECTION 4804
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FALSE CALL CHARGES
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4804.1. Any individual or entity responsible for
making false calls, as hereinafter defined, to the Fire Bureau shall
pay to the Fire Chief the following false call charges in the event
such individual has made or is responsible for more than one such
false call in any one twelve-month period (an excessive false call):
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1. For the first excessive false call: $110.
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2. For the second excessive false call: $210.
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3. For the third excessive false call: $320.
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4. For the fourth excessive false call: $420.
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5. For each excessive false call thereafter: $530.
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6. Additionally, charges for apparatus as set forth
on the schedule attached hereto and incorporated herein as Exhibit
A,[8] which schedule, and the fees set forth therein, may be
changed from time to time by resolution of City Council.
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4804.2. Such charge and all other amounts authorized under Chapter 36 of the Code of the City of Lancaster shall be due and owing from such individual or entity within 30 days following the excessive false call necessitating the charge and is collectible by the City of Lancaster in all manner allowable under law and/or in conformity with the procedures by which municipalities may collect municipal claims under the Pennsylvania Municipal Claims Act.[9]
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4804.3. Any bill for such services shall be paid by the owner in accordance with Chapter 36, Municipal Claims, of the Code of the City of Lancaster. Upon failure of the owner to pay the amounts due the City, the City shall be entitled to pursue any or all of the remedies identified in said Chapter 36, Municipal Claims, including but not limited to the imposition of a municipal lien, pursuit of an action in assumpsit, collection of interest, penalties, charges, expenses, fees and attorneys' fees in accordance with existing provisions of law.
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4804.4. A false, nuisance, or negligent call is
any call to the Fire Bureau or to another City of Lancaster department
or agency requiring a response by Fire Bureau personnel as follows:
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1. Any such call made in a willful, malicious or
mischievous manner or with a malicious or mischievous intent to initiate
or transmit a signal, message, or other notification of an event of
fire where no such danger exists.
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2. A call to respond to a system malfunction when
no such malfunction exists.
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3. Unintentional calls resulting from activities
related to inspecting, testing, maintenance, and service of any fire
protection system without knowledge of the alarm connection.
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4. Nuisance or negligent calls resulting from the
lack of required inspection, testing, service, and maintenance by
the property owner or designated representative.
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5. Other calls of similar nature not described above.
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4804.5. False alarms. Any individual, organization,
other entity, fire alarm company, fire suppression company, or sprinkler
company which, or whose employee, contractor or technician, causes
a false fire response shall pay to the City of Lancaster the following
false alarm charges:
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1. For the first false alarm call: $110.
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2. For the second false alarm call: $210.
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3. For the third false alarm call: $320.
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4. For the fourth false alarm call: $420.
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5. For each false alarm call thereafter: $530.
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6. Additionally, charges for apparatus as set forth
on the schedule, attached hereto and incorporated herein as Exhibit
A,[10] which schedule, and the fees set forth therein, may be
changed from time to time by resolution of City Council.
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SECTION 4805
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BUILDING FIRE CHARGES
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4805.1. Any individual or entity owning real estate,
including residential real estate, which is subject to a building
fire, shall pay, to the extent that such property owner has insurance
covering the same, to the Fire Chief, building fire charges as set
forth on the attached Schedule A,[11] which schedule and charges and fees set forth thereon
may be changed from time to time by resolution of City Council.
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4805.2. Such charge and all other amounts authorized under Chapter 36 of the Code of the City of Lancaster shall be due and owing from such individual or entity within 30 days after the hazardous condition response and is collectible by the City of Lancaster in all manners allowable under law and/or in conformity with the procedures by which municipalities may collect municipal claims under the Pennsylvania Municipal Claims Act.[12]
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4805.3. Any bill for such services provided for the benefit of non-City-owned property shall be paid by the property owner in accordance with Chapter 36, Municipal Claims, of the Code of the City of Lancaster. Upon failure of the property owner to pay the amounts due the City in accordance with said Chapter 36, the City shall be entitled to collect all amounts and pursue any or all of the remedies identified in Chapter 36, Municipal Claims.
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SECTION 4806
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GENERAL PROVISIONS RELATED TO INCIDENT, RESCUE, FALSE-CALL
AND BUILDING FIRE CHARGES
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4806.1. It is the intent of the City of Lancaster that the reasonable cost incurred by the City for all of the costs and charges set forth in this Chapter 48 may be covered directly by the City or by agreements with collection agencies as entered into by the Mayor of the City of Lancaster on behalf of the City.
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4806.2. It shall not be a defense to any action to collect the fees set forth in this Chapter 48 that a person was not at fault for the incident, as the fee is not based upon fault; provided that subrogation is not prohibited by this provision. Further, it shall not be a defense to any action to collect the fees set forth in this Chapter 48 that a person has no insurance coverage (except as set forth in Section 4805 for Building Fire Fees in which case failure or lack of insurance shall be a defense), as the fees set forth in this chapter.
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4806.3. In addition to filing municipal claims as set forth in Chapter 36 of the Code of the City of Lancaster, the City or its collection agency or agencies shall be authorized to collect legal interest at the rate of 6% per year, as well as a reasonable administrative fee for collecting the same, and any and all additional fees as may be authorized by any other statute, case law or common law, including the Hazardous Material and Emergency Planning and Response Act.[13]
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4806.4. Any person who shall fail, neglect or refuse
to comply with any of the terms or provisions of this chapter or any
regulation or requirement pursuant hereto and authorized hereby shall
upon conviction thereof be ordered to pay a fine of $600 and, in default
of payment of fines and costs, imprisoned not more than 90 days. Each
day's violation shall constitute a separate offense.
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4806.5. The City shall not be obligated to pursue
collection efforts against any insurance company or person in the
event that the City reasonably determines that collection efforts
will not be successful or that the costs of collection will exceed
the amount due thereunder.
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4806.6. In the event that any insurance carrier
or person or persons should fail to pay any bill or invoice within
30 days of the mailing or delivery of such notice or charges, the
City, or an attorney, or the third-party billing service who mailed
or delivered the bill or invoice may, in addition to all of the other
remedies set forth in this chapter or available to the City at law,
enforce the provisions of this chapter by filing a civil action at
law in court of competent jurisdiction for the collection of any amounts
due to the City, together with interest, court costs, collection fees
and associated reasonable attorney's fees.
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[2]
Editor's Note: Exhibit A is on file in the City offices.
[3]
Editor's Note: See 53 P.S. § 7101 et seq.
[4]
Editor's Note: See 53 P.S. § 7101 et seq.
[5]
Editor's Note: Exhibit A is on file in the City offices.
[6]
Editor's Note: Exhibit A is on file in the City offices.
[7]
Editor's Note: See 53 P.S. § 7101 et seq.
[8]
Editor's Note: Exhibit A is on file in the City offices.
[9]
Editor's Note: See 53 P.S. § 7101 et seq.
[10]
Editor's Note: Exhibit A is on file in the City offices.
[11]
Editor's Note: Schedule A is on file in the City offices.
[12]
Editor's Note: See 53 P.S. § 7101 et seq.
[13]
Editor's Note: See 35 P.S. § 6022.101 et seq.
Y.
Any and all relevant provisions of the International Fire Code dealing
with permit fees, other charges and other fees mentioned therein and
not specifically set forth in this chapter shall be modified to reflect
those set forth in Resolution No. 18-2008, adopted April 23, 2008,
which fees may be changed from time to time by resolution of City
Council.
Z.
Notwithstanding anything to the contrary set forth in the International
Fire Code, the following provisions regarding fees and permits be
and hereby are added and incorporated into the International Fire
Code:
(1)
Any and all permit fees shall cover a period of 12 months from the
date of issue except as otherwise stated in this code.
(2)
Where work or operations for which a permit is required is started
prior to obtaining the required permit, the fees set forth herein
for such permit shall be doubled, and the payment of such doubled
fee shall not relieve any persons, corporations, firms or other entities
from fully complying with the requirements of this code in the execution
of the work or operations or from any other penalties prescribed in
this code.
(3)
Whenever any operations, processes or activities or any work for
which a permit is required are to be conducted, performed or engaged
in by any person, firm, corporation or other entity as an independent
contractor, employee or agent, it shall be the contractor's/employee's/agent's
responsibility to determine that a permit has been obtained before
performing any of the work.
(4)
The Fire Chief shall have authority to issue special permits for
special or unusual operations, processes or activities which may be
regulated by this code or for which approval by the Fire Chief or
other Fire Code Official may be required by the Building Code of the
City of Lancaster, but for which no specific permit has been authorized.
In addition to the fees set forth in the fee schedule, adopted from
time to time by resolution of City Council, the Fire Chief may charge
the special permittee any costs of review or estimated costs of administration
of the special permit as a condition precedent of such special permit.
(5)
No person shall conduct, perform, engage in or receive any of the
operations, processes, activities or services for which a permit or
certificate of fitness is required without paying the appropriate
fee as set forth in the fee schedule adopted from time to time by
City Council of the City of Lancaster and incorporated into this code.
AA.
The International Fire Code is amended by adding the following Sections
5608.11 and 5608.12:
5608.11. The manufacture, sale and discharge of
fireworks, as defined by applicable law of the Commonwealth of Pennsylvania,
are hereby regulated as follows:
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1.
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The manufacture of fireworks is prohibited within the City of
Lancaster.
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2.
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It shall be unlawful for any person to store, to offer for sale,
expose for sale, sell at retail, possess, possess for sale or use
or explode any fireworks, except as otherwise permitted by the laws
of the Commonwealth of Pennsylvania.
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3.
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The Fire Chief shall adopt reasonable rules and regulations
for the granting of permits, for supervised public displays of fireworks
by fair associations, amusement parks and other organizations or groups
of individuals. Such permits may be granted upon application to the
Fire Chief after approval of the Chief of Police and all other approvals
required under the Noise Ordinance[14] of the City of Lancaster and the filing of appropriate
bond by the applicants as provided by this code or other ordinances
of the Commonwealth of Pennsylvania. Every such display shall be handled
by a competent operator approved by the Fire Chief and shall be of
such composition and character and so located, discharged or fired
as in the opinion of the Fire Chief after proper inspection and shall
not be hazardous to property or endanger any person or persons.
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4.
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Applications for permits shall be made, in writing, at least
30 days in advance of the date of the display. After such privilege
has been granted, sale, possession, use and distribution of fireworks
for such display shall be lawful for that purpose only. No permit
granted hereunder shall be transferable.
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5.
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The sale, possession, use and distribution of fireworks for
display purposes shall be conducted so as to be reasonably safe to
persons and property. Evidence that the sale, possession, use and
distribution of fireworks for display purposes has been conducted
with the applicable standard specified in this Code shall be evidence
that such sale, possession, use and distribution of fireworks for
display purposes provide reasonable safety to persons and property.
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6.
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The Fire Chief may adopt reasonable rules and regulations for
the use of model rockets. The design, construction and use of model
rockets shall be reasonably safe to persons and property. Evidence
that the design, construction and use of model rockets in accordance
with the applicable standards specified in this code shall be evidence
that such design, construction and use provides reasonable safety
to persons and property.
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5608.12 Bond and responsibility for fireworks
display.
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1.
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The Fire Chief shall require a bond or liability insurance from
the applicant in a sum not less than $1,000,000 conditioned on compliance
with the provisions of this chapter.
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2.
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Before any permit for a fireworks display shall be issued, the
person, firm or corporation making application therefor shall furnish
proof of financial responsibilities to satisfy claims for damages
to property or personal injuries arising out of any act or omission
on the part of such person, firm or corporation or any agent or employee
thereof in such amount, character and form as the Fire Chief determines
to be necessary for the protection of the public.
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3.
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Disposal of unfired fireworks. Any fireworks that remain unfired
after the display is concluded shall be immediately disposed of in
a way safe for the particular type of firework remaining. The Fire
Chief shall seize, take, remove or cause to be removed, at the expense
of the owner, all stocks of fireworks offered or exposed for sale,
stored or held in violation of this chapter.
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BB.
Section 5703.1.2.1 of the International Fire Code is amended by adding
the following subsection:
5703.1.2.1 Storage exceptions. Notwithstanding
the foregoing, the following amounts of Class I, II and III liquids
may be stored as follows:
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1.
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Up to one gallon in any residential dwelling or place of human
habitation.
Exception: No gasoline may be stored in any part
of a residential structure unless separated by a two-hour-rated separation.
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2.
|
Up to 2 1/2 gallons in any nonresidential building or
occupancy;
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3.
|
Up to five gallons outside of any building; provided, however,
that the above limitations shall not apply to the storage of such
liquids in the fuel tank of a motor vehicle, aircraft, portable or
stationary engine or boat or to the storage of paints, oils, varnishes
or similar flammable mixtures when such liquids are stored for maintenance,
painting or similar purposes for a period of not more than 30 days.
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4.
|
No person shall store any Class III liquid in excess of 25 gallons
in a building or in excess of 60 gallons outside of a building except
for fuel oil used in connection with flue-connected, oil-burning equipment.
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5.
|
The limitations above shall not apply for the storage of Class
I, II or III liquids in stationary tanks that have been inspected
and approved by the Chief, Fire Marshal or such other fire officials
designated by the Chief.
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The Fire Chief, Fire Marshal, or such other Fire Official designated
by the Fire Chief, under the authority of the Fire Chief for each
incident, may temporarily condemn a building or structure for life
safety issues when a representative from the Bureau of Housing is
unavailable to assist with the condemnation. The Bureau of Housing
shall be notified on the next business day in order to officially
condemn the property according to the adopted Property Maintenance
Code of the City of Lancaster.[1]
In the event any provision, section, sentence, clause or part
of this chapter shall be held to be invalid, such invalidity shall
not affect or impair any of the remaining provisions, sections, sentences,
clauses or parts of this chapter, it being the intent of the City
of Lancaster that the remainder of the chapter shall be and shall
remain in full force and effect.
Nothing in this chapter or in the International Fire Code herein
adopted shall be construed to affect any suit or proceeding now pending
in any court or any rights acquired or liability incurred or any cause
or causes of action accrued or existing under any act or ordinance
repealed hereby. No right or remedy of any character shall be lost,
impaired or affected by this chapter.
To the extent that any provisions of the International Fire
Code, as adopted and amended hereby, are inconsistent with any provisions
of the International Building Code, the International Property Maintenance
Code or any other similar code adopted by the City of Lancaster, the
more stringent code requirements shall, in all instances, apply.
A.
In addition to any other section or remedial procedure provided,
whoever violates any provision of this Fire Prevention Code; or who
shall fail to comply therewith; or who shall violate or fail to comply
with any order made thereunder; or who shall build in violation of
any details, statements, specifications or plans submitted or approved
thereunder; or who shall operate not in accordance with the provisions
of any certificate, permit or approval issued thereunder, and from
which no appeal has been taken; or who shall fail to comply with such
an order as affirmed or modified by the Fire Chief or other designated
fire officials by a court of competent jurisdiction within the time
fixed herein shall, upon conviction thereof in a summary proceeding,
be fined not less than $100 and not more than $1,000 for the first
offense, not less than $200 and not more than $1,000 for the second
offense and not less than $300 and not more than $1,000 for the third
and all succeeding offenses and costs of prosecution for each offense,
to be collected as other fines and costs are by law collectible, and,
in default of payment thereof, shall be imprisoned for not more than
90 days.
B.
In the case of continual and uncorrected violation of the same subsection
of this Fire Prevention Code, a fine, not exceeding one per month
on a single property and not less than $300 nor more than $1,000,
shall be imposed for the first two continual and uncorrected violations
and not less than $1,000 nor more than $5,000 for the third and any
subsequent continual and uncorrected violation of the same subsection
of this Fire Prevention Code on the same property, unless the violation
is found to pose a threat to the public's health, safety or property,
then, upon conviction thereof, penalties or fine shall be imposed
as follows:
(1)
Not exceeding one citation per five calendar days for a continual
and uncorrected violation of the same subsection of this Fire Prevention
Code on the same property;
(2)
Limited to no less than $600 and no more than $1,000 for the first
two continual and uncorrected violations of the same subsection of
this Fire Prevention Code on the same property and no less than $1,000
and not exceeding $10,000 for the third and any subsequent continual
and uncorrected violation of the same subsection of this Fire Prevention
Code on the same property, or imprisonment for any term up to 90 days,
or both.
C.
The imposition of a penalty for any violation shall not excuse the
violation nor shall the violation be permitted to continue. All such
persons shall be required to correct or remedy such violations or
defects within a reasonable time, and when not otherwise specified,
the application of the above penalty shall not be held to prevent
the enforced removal of prohibited conditions. As used herein, the
term "person" means an individual, firm, partnership, association,
corporation, company or organization of any kind and includes the
individual members, partners, officers and managers (or any of them)
of partnerships, associations and similar entities and the officers,
directors and managers (or any of them) of corporations.
