[Adopted 3-22-1972 by Ord. No. 72-58; amended in its entirety at time
of adoption of Code. Subsequent amendments noted where applicable.]
The International Fire Code, 2015 Edition, is hereby adopted as the Fire Code of Harborcreek Township, 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 and property in the occupancy of buildings and premises as herein provided, as if fully set forth in this article, with the additions, deletions and changes prescribed in §§
224-2 and
224-3 of this article, below.
Chapter
1, Scope and Administration, of the International Fire Code, 2015 Edition, is substantially amended and restated as follows:
A. In Section 101.1, Harborcreek Township, Erie County, Pennsylvania,
shall be inserted as the name of jurisdiction.
B. Generally, the Board of Supervisors shall be set forth as the governing
body and/or the appointing authority.
C. Section 101.2.1 is amended to specify that Appendices B, C, D, F,
H and I of the 2015 International Fire Code are adopted.
D. Section 102.1 is substantially amended to provide as follows:
102.1 Construction and design provisions. The construction
and design provisions of this Code shall not pertain to new construction,
additions, renovations, alterations, installation of building systems
and change in use and occupancy occurring on and after July 8, 2004,
these matters governed and enforced under the Harborcreek Township
Construction Code. The construction and design provisions of this
Code shall apply to:
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1.
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Structures and buildings that were legally occupied and existing
on July 1, 2004.
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2.
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Facilities and conditions not regulated by the Construction
Code which arise after the adoption of this Code.
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3.
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Existing structures, facilities and conditions not legally in
existence at the time of adoption of this Code.
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4.
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Existing structures, facilities and conditions which, in the
opinion of the Fire Code Official, and with regard for the foregoing
provisions, constitute a distinct hazard to life or property.
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E. Section 102.4 is substantially amended to provide as follows:
102.4 Application of construction code. The design
and construction of new structures shall comply with the Pennsylvania
Construction Code as adopted by Harborcreek Township (the "Harborcreek
Construction Code"), and any alterations, additions, changes in use
or changes in structures required by this Code, which are within the
scope of the Harborcreek Township Construction Code, shall be made
in accordance therewith. Said Construction Code shall be administered
and enforced by the Building Code Official appointed by the Township.
The Fire Code Official shall not exercise authority which has been
vested in the Construction Code Building Code Official, notwithstanding
any contrary provisions of this Code.
F. Section 102.5(2) is amended by adding a final clause providing: "subject
to the provisions of Section 102.4, above."
G. Section 102.7 is amended by adding a final sentence providing: "These
references shall not be interpreted so as to expand the scope of this
Code."
H. Section 102.10 is amended by adding the following as its final sentence:
"Where a provision of this Code conflicts with a provision of a Township
ordinance or regulation, that other ordinance or regulation shall
control."
I. Section 103.1 is amended by adding the following final clause: "and
the conduct of fire prevention programs sponsored and/or sanctioned
by the Township."
J. Section 103.2 is amended to provide:
103.2 Appointment. The Fire Code Official shall
be appointed by the Board of Supervisors or be that retained entity
or person in charge of a retained entity as approved by the Board
of Supervisors.
K. Section 103.3 is amended and restated to provide as follows:
103.3 Deputies. In accordance with the prescribed
procedures of the Township, the Board of Supervisors shall employ
one or more deputies if this Code is enforced by a department of the
Township or, if the Township retains an entity to enforce this Code,
said entity shall appoint such deputy(ies) as are deemed appropriate.
Deputies shall have such powers as are delegated by a retained Code
Official or, if none, as directed by the Board of Supervisors.
L. Section 103.4 is amended and restated to provide as follows:
103.4 Liability. The Fire Code Official, members
of the Board of Appeals and other persons employed or retained to
enforce this Code, while acting for Harborcreek Township in good faith
and without malice or recklessness in the discharge of the duties
required by this Code or other pertinent law or ordinance, shall not
thereby be rendered liable personally and are hereby relieved from
all personal liability for any damage accruing to persons or property
as a result of an act or by reason of an act or omission in the discharge
of official duties.
M. Section 104.2 (Applications and permits) is amended to provide as
follows:
104.2 Applications and permits. The Fire Code Official
is authorized to receive applications, review documents and issue
permits for matters regulated by this Code, issue permits for operations
regulated by this Code, inspect the premises for which such permits
have been issued and enforce compliance with the provisions of this
Code. This provision is not intended to extend to matters enforced
and administered by a Building Code Official under the Construction
Code Ordinance.
N. Section 104.3 (Right of entry) is amended to provide as follows:
104.3 Right of entry. Whenever it is necessary
to make an inspection to enforce the provisions of this Code under
an inspection program established by the Board of Supervisors or whenever
the Fire Code Official has reasonable cause to believe that there
exists in a building or upon any premises any conditions or violations
of this Code which make the building or premises unsafe, dangerous
or hazardous, the Fire Code Official shall have the authority to enter
the building or premises at all reasonable times to inspect or to
perform the duties imposed upon the Fire Code Official by this Code,
provided that i) if such building or premises is occupied, the Fire
Code Official shall present credentials to the occupant and request
entry; ii) if such building or premises is unoccupied, the Fire Code
Official shall first make a reasonable effort to locate the owner
or other person having charge or control of the building or premises
and request entry; and iii) if entry is refused, the Fire Code Official
has recourse to every remedy provided by law to secure entry.
P. Section 104.6 is amended by adding the following as its final sentence:
"All such records shall be deemed records of the Township and shall
be retained in such manner as is directed from time to time by the
Board of Supervisors."
Q. Section 105.1 is amended and restated to provide as follows:
105.1 General. Permits shall be in accordance with
Sections 105.1 through 105.7.18, provided that to the extent such
matters are regulated by the Harborcreek Township Construction Code,
such matters shall be administered and enforced by the Building Code
Official retained by the Township as to said other code.
R. Section 105.3.2 is amended and restated to provide as follows:
105.3.2 Extensions. A permittee holding an unexpired
permit shall apply for an extension of the time within which the permittee
will commence work under that permit when work could not be commenced
within the time required by this section for good and satisfactory
reasons. The Fire Code Official is authorized to grant, in writing,
one or more extensions of the time period of a permit for periods
not to exceed 180 days each, where justifiable cause for such extension
has been demonstrated.
S. Section 105.4 is amended and restated to provide as follows:
105.4 Construction documents. Construction documents
shall be in accordance with this section, provided that documents
subject to regulation under the Construction Code are excluded from
the administrative provisions of this chapter.
T. Section 105.5 is amended as to its initial sentence, so as to provide
that:
105.5 Revocation. The Fire Code Official is authorized
to revoke a permit issued under the provisions of this Code when it
is determined that there has been a false statement or misrepresentation
as to the material facts in the application or construction documents
on which the permit or approval was based including, but not limited
to, any one of the following:
U. Section 106.1 is amended so as to provide as follows:
106.1 Inspection authority. The Fire Code Official
is authorized to enter and examine any building, structure, marine
vessel, vehicle or premises in accordance with and subject to Section
104.3 for the purpose of enforcing this Code.
V. Section 108 (Board of Appeals) is amended and restated in its entirety,
so as to provide as follows:
108.1 Board of Appeals established. In order to
hear and decide appeals of orders, decisions or determinations made
by the Fire Code Official relative to the application and interpretation
of this Code, there shall be and is hereby created a Board of Appeals,
which shall consist of the members of the Harborcreek Townships Board
of Supervisors.
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108.2 Application for appeal. Any person directly
affected by a decision of the Code Official or a notice or order issued
under this Code shall have the right to appeal to the Board of Appeals,
provided that a written application for appeal is filed within 20
days after the day the decision, notice or order was served. An application
for appeal shall be based on a claim that the true intent of this
Code or the rules legally adopted hereunder have been incorrectly
interpreted, the provisions of this Code do not fully apply, or the
requirements of this Code are adequately satisfied by other means.
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108.3 Membership of Board. The Board of Appeals
shall consist of the members of the Harborcreek Township Board of
Supervisors. The Board of Supervisors shall have the sole authority
to appoint additional or alternative members to the Board of Appeals
if deemed necessary or appropriate to accommodate the volume, complexity
or timing of appeals.
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108.4 Notice of meeting. The Board or a designated
panel of the Board shall meet upon notice from the Fire Code Official
within 20 days of the filing of an appeal or at stated periodic meetings.
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108.5 Open hearing. All hearings before the Board
shall be open to the public. The appellant's representative,
the Code Official and any person whose interests are affected shall
be given an opportunity to be heard. A quorum shall consist of a minimum
of two-thirds of the Board.
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108.5.1 Procedure. The Board shall
adopt and make available to the public through the Secretary procedures
under which a hearing will be conducted. The procedures shall not
require compliance with strict rules of evidence, but shall mandate
that only relevant information be received.
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108.6 Postponed hearing. When a quorum of the Board
or, if applicable, the designated panel of the Board is not present
to hear an appeal, either the appellant or the appellant's representative
shall have the right to request a postponement of the hearing.
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108.7 Limitations on authority. An application
for appeal shall be based on a claim that the intent of this Code
or the rules legally adopted hereunder have been incorrectly interpreted,
the provisions of this Code do not fully apply, or an equivalent method
of protection or safety is proposed.
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108.8 Board decision. The Board shall modify or
reverse the decision of the Code Official only by a concurring vote
of a majority of the total number of appointed Board members.
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108.8.1 Records and copies. The decision
of the Board shall be in writing. Copies shall be furnished to the
appellant and to the Code Official.
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108.8.2 Administration. The Code Official
shall take immediate action in accordance with the decision of the
Board.
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108.9 Stays of enforcement. Appeals of notice and
orders (other than imminent danger notices) shall stay the enforcement
of the notice and order until the appeal is heard by the appeals board.
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W. Section 109 is amended so as to:
(1) Establish a subsection numbered 109.3.1 (Form of notice);
(2) Renumber the sections entitled "Service" as 109.3.2, "Compliance
with orders and notices" as 109.3.3, "Unauthorized tampering" as 109.3.5,
"Prosecution of violations" as 109.3.3, "Violation penalties" as 109.4,
and "Abatement of violations" as 109.4.3; and
(3) Create new Subsections 109.4.1 and 109.4.2 and new Section 109.5.
X. Section 109.3.1 is amended and restated to provide as follows:
109.3.1 Form of notice. Such notice prescribed
in Section 109.3 shall be in accordance with all of the following:
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1.
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Be in writing.
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2.
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Include a description of the building, premises, vehicle, storage
facility or outdoor area sufficient for identification.
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3.
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Include a statement of the violation(s) and why the notice is
being issued.
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4.
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Include a correction order allowing a reasonable time to make
the repairs and improvements required to bring the premises, vehicle,
storage facility or outdoor area into compliance with the provisions
of this Code.
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5.
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Inform the property owner or other responsible party of the
right to appeal.
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6.
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Inform the property owner that, in the event the cited violation(s)
is or are not rectified by the time of the scheduled reinspection,
the Township retains rights to bring an action to obtain a judgment
for fines for violation.
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Y. Section 109.3.2 (Service), as renumbered, is amended so as to add
as its final sentence: "If a notice sent by certified mail is returned
undeliverable or an equivalent, a copy of the notice or order shall
be sent to the responsible party by U.S. first-class mail at the last
known address."
Z. Section 109.3.4 (Unauthorized tampering), as renumbered, is amended
so as to add as its final sentence: "Any such unauthorized tampering
shall be a violation of this Code."
AA. Section 109.3.4 (Prosecution of violations) is amended so as to provide
as follows:
109.3.4 Prosecution of violations. Any person failing
to comply with any provision of the Code or with a notice of violation
or order served in accordance with this section shall be deemed guilty
of a summary criminal offense as determined by Section 1601(c.1)(2)
of the Second Class Township Code. If the notice is not complied with, the Code Official
shall institute the appropriate proceeding at law or in equity to
restrain, correct or abate such violation or to require the removal
or termination of the unlawful occupancy of the premises, vehicle,
storage facility or outdoor area in violation of the provisions of
this Code or of the order or direction made pursuant to this Code.
All costs of any action taken by the Township on such premises and
after notice shall be charged against the real estate upon which the
premises, structure, vehicle, storage facility or outdoor area is
located and shall be a lien upon such real estate. The Code Official
may seek the imposition of fines even if the violator complies with
the notice of violation.
BB. Section 109.4 (Violation penalties) and its subsections are hereby
amended and restated so as to provide as follows:
109.4 Violation penalties. A fine in an amount
not less than $250 and not more than $1,000 shall be imposed upon
any person or entity found by a Magisterial District Judge to have
violated any provision of this Code. The fine for a third or greater
violation shall be in an amount not less than $500 and not more than
$1,000.
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109.4.1 Penalty - Unauthorized Tampering. Where a person found to have violated this Code also violated Section
109.3 (Unauthorized tampering), such tampering shall constitute a
separate offense, the prescribed fine therefor being not less than
$250 and not more than $1,000.
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109.4.2 Penalty - Violation of Stop-Work Order. Any person found to have violated a stop-work order issued under
Section 111 shall pay a fine for that violation, distinct from all
other violations, which shall be in an amount not less than $500 and
not more than $1,000.
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CC. Section 109.5 (Definition of violations) is added, providing as follows:
109.5 Definition of violations. Each violation
of this Code shall constitute a separate violation and be subject
to a separate penalty. Each day a violation occurs and/or continues
shall constitute a separate violation.
DD. Section 109.4.3 (Abatement of violations), as renumbered, is amended
so as to provide as follows:
109.4.3 Abatement of violations. The imposition
of fines for violation shall not preclude the Township from instituting
appropriate actions to restrain, correct or abate a violation, or
to prevent illegal occupancy of a building, structure, premises, vehicle,
storage facility or outdoor area, or to stop an illegal act, conduct,
business or utilization of a building, structure, premises, vehicle,
storage facility or outdoor area.
EE. Section 110.2 (Evacuation) is amended so as to provide as follows:
110.2 Evacuation. The department official in charge
of an incident or the Fire Code Official shall be authorized to order
the immediate evacuation of any occupied building deemed unsafe when
such building has hazardous conditions that present imminent danger
to building occupants. Persons so notified shall immediately leave
the structure or premises and shall not enter or reenter until authorized
to do so by the person who issued the evacuation order.
FF. Section 111.4 (Failure to comply) is amended so as to add as its
final clause: "shall be liable to a fine as prescribed in Section
109.5.2, above."
GG. Section 113 is amended by deleting its Subsections 113.4 and 113.5
and amending Sections 113.1, 113.2 and 113.3 so as to provide as follows:
113.1 Fees. A permit shall not be issued until
the fees established therefor have been paid, nor shall an amendment
to a permit be released until the additional fee, if any, has been
paid.
113.2 Schedule of permit fees. The Board of Supervisors
shall have authority to establish fees for services provided, permits
issued and/or inspections and other services performed under this
Code. Such established fees shall be paid to the person or entity
determined by the adopted fee schedule.
113.3 Work commencing before permit issuance. Any
person who commences any work, activity or operation regulated by
this Code before obtaining the necessary permits shall be subject
to an additional fee established by Board of Supervisors, which shall
be in addition to the required permit fees.
The geographic limits referred to in Sections 3506.2 (geographic
limits in which the storage of flammable cryogenic fluids in stationary
containers is prohibited) and 3804.2 (geographic limits in which the
storage of liquefied petroleum gas is restricted for the protection
of heavily populated or congested areas) of the Code shall be as established
by state law or regulation or by ordinance of the Township, as the
case may be.
The Board of Supervisors, by ordinance, may make such other
and further amendments to future editions of the Code as it deems
appropriate.