[HISTORY: Adopted by the Board of Supervisors of the Township of East Whiteland 11-21-2000 by Ord. No. 132-2000; amended in its entirety 5-12-2004 by Ord. No. 155-2004. Subsequent amendments noted where applicable.]
[Amended 10-13-2010 by Ord. No. 224-2010; 6-11-2025 by Ord. No. 374-2025]
There is hereby adopted by the Board of Supervisors of East Whiteland Township the International Fire Code, 2021 Edition, as published by the International Code Council, Inc., along with Appendices B, C, D, E, F, G and I. Not fewer than three copies of the International Fire Code, 2021 Edition, have been and now are filed in the office of the Secretary of East Whiteland Township, and the same is hereby adopted and incorporated as fully as if set out at length herein.
The East Whiteland Township Fire Code which was adopted as part of Ordinance No. 132-2000, by adopting the NFPA 1 Fire Prevention Code, is hereby repealed and replaced with the code adopted herein.
[10-13-2010 by Ord. No. 224-2010; amended 6-11-2025 by Ord. No. 374-2025]
The following amendments, additions, deletions, and changes are hereby made to the International Fire Code, 2021 Edition:
A. 
Section 101.1 shall be amended by the deletion of the words "[NAME OF JURISDICTION]" and the replacement thereof with "East Whiteland Township."
B. 
A new Section 102.13 shall be added to read as follows:
102.13. Geographic limits. All geographic limits referred to in the 2021 International Fire Code are to comply with the East Whiteland Township Zoning Code.
C. 
Section 103 shall be deleted in its entirety and replaced with the following:
SECTION 103
FIRE MARSHAL
103.1 Fire Marshal and assistants. The Fire Marshal of East Whiteland Township, hereinafter called "Fire Marshal," shall be appointed by the Township Manager and shall serve for such period and upon such terms and conditions as the Manager shall direct. The fire Marshal shall be responsible for the direct administration and enforcement of this code. The Fire Marshal shall have the ability to appoint Assistant Fire Marshals who are authorized to perform the functions and duties of the Fire Marshal.
D. 
Section 103.2 shall be deleted.
E. 
Section 103.3 shall be amended by adding the following sentences at the end of the existing section:
The Fire Marshal may, from time to time, employ such technical experts as he shall deem necessary to properly carry out his duties and enforcement of this code. When employed for that purpose, such experts shall be designated as deputy inspectors hereunder and shall have the power and authority of the Fire Marshal or his deputy when acting in the performance of their duties.
F. 
A new Section 105.5.53 shall be added to read as follows:
105.5.53. Radioactive material. An operational permit shall be required for the storage, use and handling of any amount of radioactive materials.
G. 
Section 111, Board of Appeals, shall be deleted and replaced with the following:
SECTION 111
BOARD OF APPEALS
111.1 General. The Township, along with Easttown Township, Willistown Township and Malvern Borough (the "participating municipalities") intends to form an intergovernmental Board of Appeals, which Board shall hear and decide appeals of orders, decisions or determinations made by the respective municipalities' building official relative to the application and interpretation of the municipalities' building code. The members of the intergovernmental Board of Appeals shall be appointed by the participating municipalities and shall be governed by rules and regulations adopted by the participating municipalities. The intergovernmental Board of Appeals shall adopt rules of procedure for conducting its business.
H. 
Section 112.4 shall be amended to state as follows:
112.4 Violation penalties. Any person who shall violate a provision of this code or shall fail to comply with any of the requirements thereof, or who shall violate an approved plan or directive of the Fire Marshal, shall be guilty of a summary offense, punishable by a fine of not less than $100 and not more than $1,000 per day, plus costs and attorney's fees, and, upon default of the payment of the fine and costs, imprisonment not to exceed 30 days. Each day that a violation continues shall be deemed a separate offense.
I. 
Section 113.4 shall be amended to read as follows:
113.4 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 subject to the penalty provisions of Section 112.4.
J. 
In Section 302, the following definitions shall be deleted: "bonfire," "open burning," "portable outdoor fireplace" and "recreational fire."
K. 
Section 307 shall be deleted in its entirety. Please see the Township's Outdoor and Open Burning Ordinance in § 90-4.
L. 
A new Section 401.3.4 shall be added which shall state as follows:
401.3.4 Resetting of fire alarm systems. When a building's fire alarm system activates for other than testing or maintenance, owners or occupants shall not reset the activated system. The fire department upon arrival will verify the location of the activated device(s) and reset the fire alarm system. A fire alarm system reset prior to the fire department's arrival shall constitute a false alarm.
M. 
Section 506.1.1 shall be deleted in its entirety and be replaced with the following:
506.1.1 KnoxBox. Where access to or within a structure or area is restricted because of secure openings or where immediate access is necessary for life-saving or firefighting purposes, the fire code official is authorized to require a KnoxBox© key box to be installed in an approved location. The KnoxBox© shall contain keys to gain necessary access as required by the fire code official.
N. 
Section 507.5.1 shall be deleted in its entirety and replaced to state as follows:
507.5.1 Hydrant for Fire Department Connections. A fire hydrant shall be provided within 100 feet of all fire department connections.
O. 
Section 912.2 shall be amended to state as follows:
912.2 Location. With respect to hydrants, driveways, buildings and landscaping, fire department connections shall be so located that fire apparatus and hose connected to supply the system will not obstruct access to the buildings for other fire apparatus. The location of the fire department connections shall be approved by the fire code official and within 100 feet of a fire hydrant.
P. 
A new Section 5003.1.5 shall be added which shall state as follows:
5003.1.5 Radioactive material. Unless preempted by requirements of any federal or state agency, the requirements of NFPA 801 and this chapter shall apply to the storage of any radioactive material.
Q. 
A new Section 5607.16, Certificate of Insurance required for blasting shall be added which shall state as follows:
Section 5607.16 Certificate of Insurance required for blasting. Before a permit to conduct blasting is issued, as required under section 105.5.16, the applicant for such permit shall fine an insurance certificate for not less than $5,000,000 to the township for the blasting, with the Township as an additional insured with a specific reference to the blasting activities.
R. 
A new section 5607.17, Blasting Procedures, shall be added which shall state as follows:
Section 5607.17 Blasting Procedures. The following procedures are to be followed prior to the blasting operations:
1. Blasting operations must be conducted between 08:00 and 17:00 hours, Monday through Friday ONLY.
2. The applicant must notify the Fire Marshal three days prior to any blasting activities are to occur.
3. The applicant must notify nearby businesses/residences within 1,000 feet of the blast-affected area 1/2 hour before the blasting is to occur.
4. All blasters must verify with the Fire Marshal their blaster's license issued by the ATF.
5. No smoking is permitted within 100 feet of the blasting site.
6. No open flame devices are permitted within 100 feet of the blasting site.
7. A distance of 150 feet shall be maintained between the magazines and the blasting area.
8. Before a shot is fired, the blasters must assure all people, vehicles, equipment and surplus of explosives are at a safe distance from the blast site.
9. A lout audible warning signal shall be sounded prior to the commencement of the shots being fired, and at the conclusion of the blast shot.
10. All blasting operations require ground vibration monitoring at the site or nearest building.
11. A copy of the DEP Blasting Permit shall be submitted.
[Added 10-13-2010 by Ord. No. 225-2010]
A. 
Purpose. It is the purpose of this section to regulate the types of outdoor and open burning within the Township and to promote the public health, safety and general welfare of the citizens of the Township.
B. 
Definitions. As used in this section, the following terms shall have the meanings indicated:
BONFIRE
An outdoor fire used for ceremonial purposes that has a total fuel area of five feet or less in diameter and three feet or less in height.
CAMPFIRE
A small outdoor fire that has a total fuel area of three feet or less in diameter and two feet or less in height, intended for recreation or cooking but not intended for disposal of waste wood or refuse.
CLEAN WOOD
Natural wood which has not been painted, varnished or coated with a similar material; has not been pressure treated with preservatives; and does not contain resins or glues as in plywood or other composite wood products.
CONSTRUCTION AND DEMOLITION WASTE
Building waste materials, including but not limited to waste shingles, insulation, lumber, treated wood, painted wood, wiring, plastics, packaging and rubble from construction, remodeling, repair and demolition operations on a house, commercial or industrial building, or other structure.
FUEL AREA
The space where materials are being burned.
NATURAL MATERIALS
Trees, logs, brush, stumps, leaves and grass clippings.
OPEN BURNING
The burning of materials wherein products of combustion are emitted directly into the ambient air without passing through a stack or chimney from an enclosed chamber. Open burning does not include smudge pots, road flares and similar devices associated with safety or occupational uses typically considered open flames or use of patio wood-burning units.
OUTDOOR BURNING
Burning in an outdoor wood-fired boiler or patio wood-burning unit.
OUTDOOR WOOD-FIRED BOILER
A wood-fired boiler, stove or furnace that is not located within a building intended for habitation by humans or domestic animals.
PATIO WOOD-BURNING UNIT
A chimenea or other similar screened, stacked, enclosed portable wood-burning device with a spark- or ember-arresting device used for outdoor recreation and/or heating.
REFUSE
Any waste material except trees, logs, brush, stumps, leaves and grass clippings.
SMUDGE POT
A receptacle in which oil or another smoky fuel is burned to protect an orchard from insects or frost.
STRUCTURE
A dwelling unit or garage.
C. 
Applicability. This section applies to all outdoor burning and open burning within the Township with the following exceptions:
(1) 
This section does not apply to grilling or cooking food using charcoal, wood, propane or natural gas in cooking or grilling appliances.
(2) 
This section does not apply to burning for the purpose of generating heat in a stove, furnace, fireplace or other heating device within a building used for human or animal habitation.
(3) 
This section does not apply to the use of propane, acetylene, natural gas, gasoline or kerosene in a device intended for heating, construction or maintenance activities.
(4) 
This section does not apply to field fires to clear land when approved by the Fire Marshal. An operational permit shall be obtained from the Fire Marshal in accordance with the International Fire Code.
(5) 
This section does not apply to demolition of the residue of a structure partially destroyed by accidental fire when approved by the Fire Marshal. An operational permit shall be obtained from the Fire Marshal in accordance with the International Fire Code.
(6) 
This section does not apply to fires for training purposes for the demolition of a fire hazard under the supervision of the Fire Marshal. An operational permit shall be obtained from the Fire Marshal in accordance with the International Fire Code.
D. 
General prohibition on outdoor burning and open burning. Open burning and outdoor burning are prohibited in the Township except to the extent specifically permitted by this section.
E. 
Burning of refuse, recyclable material, construction and demolition waste. The open burning of refuse, recyclable matter, construction, and demolition waste is prohibited.
[Amended 8-12-2015 by Ord. No. 271-2015]
F. 
Burning of natural materials. The open burning of natural materials is prohibited.
G. 
Patio wood-burning units. Patio wood-burning units may be installed and used in all districts subject to the following restrictions:
(1) 
Patio wood-burning units shall not be used to burn refuse.
(2) 
Patio wood-burning units shall burn only clean wood.
(3) 
Patio wood-burning units shall be located at least 25 feet from the nearest structure which is not on the same property as the patio wood-burning unit and at least 25 feet from any property line.
H. 
Campfires. Campfires are permitted in all districts with all of the following provisions:
(1) 
Campfires shall be located at least 25 feet from any structure or combustible material.
(2) 
Campfires shall be located at least 200 feet from any property line.
I. 
Bonfires. Bonfires are permitted in all districts with all of the following provisions:
(1) 
Bonfires shall be located at least 50 feet from any structure or combustible material.
(2) 
Bonfires shall be located at least 200 feet from any property line.
J. 
Attendance. Campfires, bonfires and the use of patio wood-burning units shall be constantly attended by a responsible adult until the fire is extinguished. A minimum of one portable fire extinguisher complying with Section 906 of the International Fire Code with a minimum 4-A rating or other approved on-site fire-extinguishing equipment, such as dirt, sand, water barrel, garden hose or water truck, shall be available for immediate utilization.
K. 
Penalties and enforcement.
(1) 
The Township Fire Marshal or his designee shall be charged with enforcement of this section and shall have the power to order the extinguishment of any fire found to be in violation of this section.
(2) 
Within any thirty-day period, if the Township Fire Marshal is called to the same location for a violation relating to outdoor burning and/or open burning, the Township Fire Marshal shall issue a written warning for the first offense, a fine of $25 for the second offense, a fine of $75 for the third offense, and a fine of $100 for the fourth and each subsequent offense. Failure to pay any of the above referenced fines shall result in the issuance of a non-traffic citation.