[HISTORY: Adopted by the Board of Supervisors of the Township
of Upper Providence as indicated in article histories. Amendments
noted where applicable.]
[Adopted 1-4-2010 by Ord.
No. 506 (Ch. 80 of the 1990 Code); amended in its
entirety at time of adoption of Code (see Ch. 1, General Provisions,
Art. I)
This article shall be known and maybe cited as the "Upper Providence
Township Fire Code."
In accordance with the Second Class Township Code, the Township
of Upper Providence situate in Montgomery County, Pennsylvania hereby
adopts the International Fire Code 2018 edition as the Upper Providence
Township Fire Code. This adoption shall include all relative referenced
standards and Appendices B, C, D, E, F, H, I.
The intent of this Code is to regulate those health, safety
and welfare issues in legally existing buildings that are critical
to the safe occupancy of said buildings and issues that are critical
to the safety of the community. This article shall not apply to new
construction that is otherwise regulated or under construction under
permits issued under the Pennsylvania Construction Code Act (Act 45
of 1999). All provisions of the International Fire Code referenced
herein regulating new construction, additions, alterations or repairs
under the Pennsylvania Construction Code Act are hereby excluded from
enforcement under this article. This article shall regulate and govern
the safeguarding of 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 herein provided; providing
for the issuance of permits and collection of fees therefor; and each
and all of the regulations, provisions, penalties, conditions and
terms of said Fire Code on file in the office of the Fire Marshal
of Upper Providence Township are hereby referred to, adopted and made
part hereof, as fully set out in this article with the additions,
insertions, deletions and changes, if any, prescribed herein.
Section 202 of the International Fire Code 2018 edition shall
have the following definitions added:
A device, bell, horn or siren attached to the interior or
exterior of a building which emits a warning sound loud enough to
be heard outside of the building and which, when activated, can cause
the police or Fire Department to respond.
Any signal activated by an emergency alarm or device, any
audible alarm or any other kind of direct or indirect signal or message
given to the local Police or Fire Department or the Montgomery County
Communications Center to which the Fire or Police Department responds
which is not the result of a burglary, robbery, fire or similar emergency.
(This definition supplements the definition already contained in the
IFC 2018.)
Any of the fire companies which service Upper Providence
Township.
Any hose connection installed on a structure for the use
of the Fire Department to supply water to the fire sprinkler system(s)
and/or standpipe system for the intention of controlling a fire.
A sign consisting of a twelve-inch-by-twelve-inch square
made of reflective material with a solid red background with white
symbols. Such symbols shall comply with the current NFPA standard.
The Upper Providence Township Fire Marshal/Fire Code Official
with direct responsibility for enforcement of the fire code.
A structure that has received a legally issued certificate
of occupancy from the Commonwealth of Pennsylvania or the local authority
having jurisdiction.
A self-contained unit designed to provide heating or hot
water to a building or structure which unit is located outside of
that building or structure. This unit typically burns (but is not
limited to) wood, coal or other carbon-based fuel resources.
An outdoor wood-fired boiler or furnace that has been certified
or qualified by the EPA as meeting a particulate matter emission limit
of 0.32 pounds per million British Thermal Units output and is labeled
accordingly. Phase 2 outdoor wood-fired boiler models will be identified
with a white hang tag.
The following modifications to standards of the International
Fire Code 2018 edition are hereby adopted as follows:
A.
In Section 101.1, insert "Upper
Providence Township" as the name of the jurisdiction.
B.
In Section 103, all references to the "Department of Fire Prevention" shall be understood to mean the Upper Providence Township Department of Fire and Emergency Services as established under Chapter 23 of the Code of the Township of Upper Providence.
C.
In Section 103.1, the term "fire
code official" shall be understood to mean the duly appointed Fire
Marshal of Upper Providence Township.
D.
Section 103.2, Appointment, shall
be deleted and the following language substituted: "The fire code
official position shall be filled as prescribed in the Code of the
Township of Upper Providence."
E.
Section 107.5, Periodic inspections,
shall be added as follows.
107.5 Periodic inspections. The fire code official
or designee shall conduct periodic inspections on properties other
than those properties erected under the provisions of the International
Residential Code. Frequency of said inspections shall be determined
by the fire code official based on his determination of fire risk
regarding the use and level of maintenance of life safety systems
in the structure.
F.
Section 109.1 Board of Appeals
established shall be amended as follows:
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, the Board of Appeals as established by Section 6 of Chapter 135 of this Code shall also serve as the fire code Board of Appeals. The fire code official shall serve as an ex officio member of said board but shall not have a vote on any matter before the Board. The Board shall render all fire code decisions in writing to the appellant a provide a duplicate copy to the fire code official.
G.
Section 110.4 shall be modified
as follows:
Violation penalties. Persons who shall violate a provision of
this code or shall fail to comply with any of the requirements thereof
or who shall erect, install, alter, repair or do work in violation
of the approved construction documents or directive of the fire code
official, or of a permit or certificate used under provisions of this
code, shall be guilty of a summary offense, punishable by a fine of
not more than $1,200 or by imprisonment not exceeding 30 days, or
both such fine and imprisonment. Each day that a violation continues
after due notice has been served shall be deemed a separate offense.
H.
In Section 112.4, shall be modified
as follows:
Failure to comply. Any person who shall continue any work after
having been served with a stop-work order, except such work as that
person is directed to perform to remove a violation or unsafe condition,
shall be liable to a fine of not less than $300 or more than $1,200.
I.
Section 907.11 shall be added
as follows:
907.11 All owners or lessees of emergency alarms
are responsible for the costs involved in the Fire or Police Department
responding to false alarms within a twelve-month period in accordance
with the following schedule: for the first alarm: a warning; for the
second alarm: $100; for the third alarm: $300; for the fourth alarm:
$400; for the fifth and each additional alarm: $500. The owner or
lessee of a property with an alarm system shall notify the Fire Marshal
of any alarm system under repair that may cause false alarms. Upon
proper notification, the Fire Marshal shall allow reasonable time,
not to exceed 14 calendar days from the date of notification, for
repairs to be effected before imposing costs.
Technical amendments to the International Fire Code 2018 edition
shall be as follows:
A.
Section 307 shall be amended as
follows:
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SECTION 307 REGULATION OF OPEN BURNING
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307.1. Prohibition of burning for disposal purposes.
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1.
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In accordance with the Municipal Waste Planning, Recycling,
and Waste Reduction Act of July 28, 1988, (P.L. 528, No. 101) ("Pennsylvania
Act 101") and as amended by Act 140 of 2006, it shall be unlawful
for any person to openly burn any material, including the following,
at any time in any zone within the municipality: household trash,
books, magazines, newspapers, cardboard and/or any items that are
required to be recycled in the municipality under Pennsylvania Act
101, including yard waste, leaves and scrap lumber or any vegetation,
plywood, drywall, plastic products, insulation materials, upholstered
furniture, solid waste and/or construction waste as defined by the
Pennsylvania Solid Waste Management Act and 25 PA Code 271.1, garbage,
dead animals, human and animal excrement, human and animal hair, rubber
products, including tires, hydrocarbon products or flammable liquids,
asphalt or tar shingles or roofing materials, bedding, foam rubber,
nylon, rayon, cotton, wool, polyester or other synthetic material,
insulation from copper or other wiring.
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307.1.1. Exclusions.
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2.
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The prohibition of open burning shall be in effect except when
the burning results from:
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(a)
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An open burning set to prevent or abate a fire hazard when approved
by the Department of Environmental Protection's regional office and
set by or under the supervision of a public officer.
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(b)
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A fire set for the purpose of instructing personnel in firefighting,
when approved by the Department of Environmental Protection's regional
office.
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(c)
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A fire set for the prevention and control of disease or pests,
when approved by the Department of Environmental Protection's regional
office.
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(d)
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A fire set for the purpose of burning, clearing and grubbing
waste; if within an air basin, an air curtain destructor must be used
and must be approved by the Department of Environmental Protection's
regional office.
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(e)
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A fire set in conjunction with the production of agricultural
commodities in their unmanufactured state on the premises of the farm
operation.
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(f)
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A fire set solely for cooking food.
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(g)
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A fire set solely for recreational or ceremonial purposes.
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307.1.2. Regulations pertaining to permitted instances
of open burning.
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3.
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Any such open burning as permitted in Section 2 shall be located
at least 50 feet or more from any building, structure or combustible
materials, and at least 50 feet from any public street or right-of-way.
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4.
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A permit from the Township is required for any instances of
open burning as permitted in 307.1.1 items (a) through (g). A fee
maybe charged for said permit by resolution of the Board of Supervisors,
as may be modified from time to time. However, any Township or Fire
Official may suspend open burning at any time when it is determined
by any of them that, in their opinion, any of the following conditions
exist:
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(a)
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Smoke, embers and/or ash emission cause damage to property or
vegetation of adjacent properties.
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(b)
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Smoke, embers and/or ash emission are, or maybe, offensive,
objectionable, a public nuisance or deleterious to human or animal
health.
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(c)
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Dry conditions or drought warrant a ban on all open burning,
in which case the Board of Supervisors of the municipality shall be
so advised in writing.
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5.
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All fires in open burning must be guarded or attended to by
one or more responsible adult persons, being individuals 18 or over,
at all times until such fire and open burning has been extinguished.
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6.
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Yard waste that is permitted to be burned on agricultural land
must originate from the same parcel of land on which it is burned.
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7.
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Nonorganic or recyclable materials, or any other combustibles
which may create large amounts of smoke, may not be openly burned.
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8.
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Any such open burning shall be permitted between the hours of
8:00 a.m. and 5:00 p.m. No burning or smoldering shall occur outside
the above time period, unless prior permission is requested of and
expressly granted by the Township.
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307.1.3. Outdoor fireplaces, outdoor cooking grills, outdoor
patio stoves, chimeneas and factory-built metal novelty stoves.
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9.
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Outdoor fireplaces, outdoor cooking grills, outdoor patio stoves,
chimeneas and factory-built metal novelty stoves shall be permitted
upon private property within all zones of the Township solely for
their intended purpose.
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10.
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No person shall use outdoor fireplaces, outdoor cooking grills,
outdoor patio stoves, chimneys and factory-built metal novelty stoves
for the burning of material as outlined in Section 1.
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11.
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Outdoor fireplaces, outdoor cooking grills, outdoor patio stoves,
chimneys and factory-built metal novelty stoves shall not be used
indoors or in any enclosed areas that are not properly ventilated.
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307.1.4. Indoor fireplaces; woodburning and coal stoves;
solid-fuel heaters.
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12.
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Fireplaces or woodburning or coal stoves shall be permitted
inside residential private prop erty within all zones of the Township
solely for the purpose of heating the dwelling unit.
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13.
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Only seasoned firewood, coal or solid fuels recommended by the
manufacturer maybe burned in such fireplaces, woodburning or coal
stoves or solid-fuel heaters.
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14.
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No person may use such fireplaces, woodburning or coal stoves
or solid-fuel heaters for the burning of any material as outlined
in Section 1.
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15.
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Such fireplaces, woodburning or coal stoves or solid-fuel heaters
shall not be used for such purpose when, in the judgment of a Township
or fire official, a fire hazard is created by such use and operation
and/or any danger is posed to the occupants therein or the neighboring
buildings and/or occupants.
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16.
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If the smoke, ashes and/or smell emitting to the outside atmosphere
from the chimney, stove pipe or flue are objectionable or offensive
to the general public, the operation of such fireplace, woodburning
or coal stove or solid-fuel heater shall be suspended by any Township
or fire official.
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307.1.5. Handling of ashes and rubbish.
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17.
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Ashes, smoldering coals, wood and embers or other material liable
to spontaneously ignite shall not be deposited or allowed to remain
within 10 feet of any combustible materials but shall be deposited
in noncombustible containers. Rubbish of any kind shall not be allowed
to accumulate.
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B.
In Section 307.4.3, delete the
exception.
C.
Section 307.4.4 shall be added
and read as follows:
307.4.4 Portable outdoor and fixed outdoor fireplaces: shall be operated in accordance with §§ 307, 307.4
and 307.5.
D.
In Section 308.1.4, delete exception
two
E.
Technical modifications of the
International Fire Code 2018 and successor codes.
F.
Section 507.5.7 Shall be added
and read as follows:
507.5.7 Hydrant required: A fire hydrant shall
be provided within 100 feet of all fire department connections.
G.
Section 507.5.8 Shall be added
and read as follows:
507.5.8 Private hydrants: All private fire hydrants
shall be painted silver in a manner approved by the fire code official.
H.
Section 603.10 shall be added
and read as follows:
603.10 Outdoor wood - Fired boilers and furnaces: No person shall install an outdoor wood-fired boiler or furnace that
is not Phase 2 certified by the EPA. The use of such furnaces must
follow all operating instructions supplied by the manufacturer. Any
outdoor furnace must also comply with any other county, state or federal
guidelines for the same. The only fuels allowed shall be those listed
fuels recommended by the manufacturer. The following are prohibited:
trash, plastics, gasoline, rubber, naphtha, household garbage, material
treated with petroleum products (particle board, railroad ties and
pressure-treated wood), leaves, paper products and cardboard. Users
must follow the manufacturer's written instructions for recommended
loading times and amounts. Lighter fluids, gasoline or chemicals to
start the furnace are prohibited. The unit must be located with due
consideration to the prevailing wind direction.
603.10.1 Stack location: With respect to any outdoor
furnaces installed, such outdoor furnaces must be set back a minimum
of 150 feet from any property line. If located more than 150 feet
to any residence not served by the furnace, the stack must be at least
10 feet of the height above the ground and at least two feet above
the peak of any residence less than 150 feet from said furnace.
602.10.2 Operation: No person shall use or operate
new or existing outdoor wood-fired boilers between the dates of May
15 and September 15.
603.10.2 Permit required: Any resident wishing
to install/operate an outdoor furnace must secure a permit from the
Township of Upper Providence. The permit fees will be established
from time to time by resolution of the Township Board of Supervisors.
I.
Section 907 shall be amended as
follows:
(1)
Section 907.12 shall be added
and read as follows:
907.12 Owner - lessee responsibility: All owners
or lessees of emergency alarms are responsible for the costs involved
in the Fire or Police Department responding to false alarms in accordance
with the fee schedule duly adopted by resolution of the Board of Supervisors.
(2)
Section 907.13 shall be added
and read as follows:
907.13 Disconnection: Upon receipt of information
from the Fire or Police Department that any emergency alarm does not
meet the requirements of this article and has been the source of false
alarm activation, the Fire Marshal or Police Chief may determine that
the emergency alarm shall be disconnected if not repaired within 30
days in order to relieve those Departments of the burden of responding
to false alarms.
(3)
Section 907.14 shall be added
and read as follows:
907.14 Certification and Maintenance of Fire Alarm Installations: All fire alarm installations and maintenance of all fire alarm systems
shall be in compliance with the requirements of the Fire Prevention
and Building Codes of Upper Providence Township, and shall be installed
and maintained in accordance with these regulations by an Underwriter's
Laboratory, Inc. (UL) listed fire alarm contractor or a Factory Mutual
(FM Global) approved fire alarm contractor, listed by UL or FM for
installation and maintenance of "protective signaling systems" or
other nationally recognized testing laboratory. The fire alarm company
shall meet all UL or FM requirements for UL listed or FM approved
protective signaling systems, and shall provide a copy of the UL certificate
or FM placard to the Fire Marshal or designee for all newly installed
systems that are required by this code. A current UL certificate or
FM placard shall be maintained and renewed as necessary for all required
FIRE alarm systems installed after July 1, 2024. The fire alarm contractor
shall notify the Fire Marshal or designee and building owner in writing
of any termination of maintenance contracts of any fire alarm system.
Maintenance criteria, is found in and shall be in accordance with
NFPA 72, applicable to the particular system installed and applicable
state regulations. For the purpose of initial contractor certification,
the fire department may waive the issuance of a certificate for a
period not to exceed one year with a maximum of four installations
to allow inspection and listing of contractors by a listing authority.
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Existing required fire alarm and detection systems shall only
be required to comply with this section if:
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1.
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The fire alarm control panel (FACP) is replaced, or
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2.
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The fire alarm/detection system transmits more than five false
alarms in one 12 month period, or
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3.
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The Fire Marshal determines a life safety hazard exists.
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