A certain document, three copies of which are on file in the office of the Borough Secretary of the Borough of Franklin Park, being marked and designated as the International Fire Code, 2015 edition, including Appendix Chapters D and I (see International Fire Code Section 101.2.1, 2015 edition) as published by the International Code Council, be and is hereby adopted as the Fire Prevention Code of the Borough of Franklin Park, in the Commonwealth of Pennsylvania for regulating and governing the safeguarding of life and property from fire and explosion hazards arising from the storage, handling and use of hazardous substances, materials and devices, and from conditions hazardous to life or property in the occupancy of buildings and premises as 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 Prevention Code on file in the office of the Borough Secretary of the Borough of Franklin Park are hereby referred to, adopted, and made a part hereof, as if fully set out in this ordinance, with the additions, insertions, deletions and changes, if any, prescribed in § 122-2
of this chapter.
The following sections and subsections
of the International Fire Code, 2015 edition, are hereby added, inserted,
deleted, restated or changed as set forth below:
Section 101.1 is restated as follows:
101.1 Title. These regulations
shall be known as the Fire Prevention Code of the Borough of Franklin
Park (hereinafter referred to as "this code").
Section 102.4 is restated as follows:
|102.4 Application of building
The design and construction of new structures shall comply with the procedures and provisions of Chapter 99
of the Code of the Borough of Franklin Park, "Construction Code, Uniform," as amended (hereinafter referred to as the "Borough Construction Code"). Any alterations, additions, changes in use or changes in structures required by this code, which are within the scope of the Borough Construction Code, shall be made in accordance therewith. Nothing in this code shall be construed to cancel, modify or set aside any provisions of Chapter 212
of the Code of the Borough of Franklin Park, "Zoning," as amended.
Section 102.5 is amended by inserting "Borough
Construction Code" in place of the reference to "International Building
All references to "International Building
Code" shall be deemed to be a reference to the "Borough Construction
Code" within this code.
Section 103 is amended by changing the
title of the Section to "Code Enforcement."
Section 103.1 is restated as follows:
103.1 General. The existing
office of Fire Official is hereby continued and the executive official(s)
in charge thereof shall be known as the Fire Official (hereinafter
fire code official), who shall be appointed, together with any assistants,
from time to time by Borough Council.
Substitute "Fire Official" in all relevant
Sections for all references to the "department of fire prevention."
All references to "fire department" shall
be deemed to be a reference to the "Franklin Park Volunteer Fire Company
No. 1" within this code.
Section 104.3 is restated as follows:
104.3 Right of entry. Whenever it is necessary to make an inspection to enforce the provisions
of this code, 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, the Fire Code Official shall
have the right and the power to enter upon and inspect the building
or premises at all reasonable hours and in a reasonable manner for
the administration and enforcement of this code. If such building
or premises is occupied, the Fire Code Official shall present credentials
to the occupant and request entry. 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. In the event that entry upon
any building or premises is refused by an owner, an agent of an owner
or a tenant, the Fire Code Official shall obtain an administrative
search warrant from any magisterial district judge within the judicial
district where the building or premises to be inspected is located.
It shall be sufficient to support the issuance of a warrant for the
Fire Code Official to provide to the magisterial district judge evidence
of any of the following:
Reasonable standards and an administrative
plan for conducting inspections.
The condition of the building, premises
or general area and the passage of time since the last inspection.
Facts, supported by oath or affirmation,
alleging that probable cause exists that a law, regulation or ordinance
subject to enforcement by the Fire Code Official has been violated.
Section 108, Board of Appeal, is deleted
in its entirety and restated as follows:
MEANS OF APPEAL
108.1 Application for appeal. Any person directly aggrieved by an order, decision, or determination
made by the Fire Code Official relative to the application and interpretation
of this code shall have the right to appeal to the Building Board
of Appeals established under the Borough Construction Code provided
that a written application for an appeal on a form provided by the
Borough is filed within 10 days after receipt or posting of such order,
decision, or determination, along with the payment of an appeal hearing
fee in an amount set from time to time by resolution of the Borough
Council. An application for appeal shall be based on a claim that
the true intent of this code or the rules legally adopted hereunder
has been incorrectly interpreted, the provisions of this code do not
fully apply, or an equivalent method of protection or safety is proposed.
The Building Board of Appeals shall have no authority to waive requirements
of this code.
108.2 Regulations and procedures
for appeals. All appeals under this code shall proceed under
the regulations and procedures of the Building Board of Appeals.
Section 109.3.3 is restated as follows:
109.3.3 Prosecution of violation. If the person does not comply with the notice of violation within
the time period set forth in the notice, the Fire Code Official, a
Borough police officer, or the Borough Solicitor shall institute the
appropriate proceedings at law or in equity to restrain, correct or
abate such violation, or to require removal or termination of the
unlawful occupancy of the structure in violation of the provisions
of this code or of the order or direction made pursuant thereto. Any
person failing to comply with a notice of violation or order served
in accordance with the code shall be prosecuted by action brought
before a magisterial district judge in the same manner provided for
the enforcement of summary offenses under the Pennsylvania Rules of
Criminal Procedure. The Borough Solicitor may assume charge of the
prosecution without the consent of the District Attorney as required
under Pa.R.Crim.P. No. 454 (relating to trial in summary cases).
Section 109.4 is restated as follows:
109.4 Violation penalties. Any person who shall violate any provision of this code, or fail
to comply therewith, or 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 not to
exceed $1,000 per violation, plus court costs and reasonable attorney
fees incurred by the Borough in the enforcement proceedings, and in
default of payment of such fine and costs to imprisonment to the extent
permitted by law for the punishment of summary offenses. A separate
offense shall arise for each day or portion of a day in which a violation
is found to exist or for each section of this code which is found
to have been violated. All fines, costs, penalties, and fees collected
for the violation of this chapter shall be paid to the Borough Treasurer.
Section 109.4.1 is amended by adding a
last sentence as follows:
Any action taken by the Borough in
the prosecution or abatement of any violation shall be charged against
the real estate upon which the violation exists and shall be a municipal
claim and lien upon such real estate.
Section 110.3 is restated as follows:
110.3 Summary abatement. Where conditions exist that are deemed hazardous to life and property,
the fire code official or fire department official in charge of the
incident is authorized to abate summarily such hazardous conditions
that are in violation of this code and the Borough may collect the
cost of abatement, together with a penalty of 10% of the cost, in
the manner provided by law for the collection of municipal claims,
or by action of assumpsit, or may seek relief by bill in equity.
Section 111.4 is amended to insert "$600"
in the first reference of [AMOUNT] and "$1,000" in the second reference
Section 113.2 is restated as follows:
113.2 Schedule of permit fees. The fees for applications and permits referenced in this code and
for the activities and services performed by the Fire Code Official
in carrying out his/her responsibilities under this code shall be
established, from time to time, by resolution of the Borough Council.
Section 307, Open Burning, Recreational
Fires and Portable Outdoor Fireplaces, is deleted in its entirety
and restated as follows:
OPEN BURNING, RECREATIONAL
FIRES AND PORTABLE OUTDOOR FIREPLACES
A person shall not kindle or maintain or authorize to be kindled or maintained any open burning unless conducted and approved in accordance with Chapter 97
, Burning, Open, in the Code of the Borough of Franklin Park.
The geographic limits referred to in certain
sections are hereby established as follows:
Section 5704.2.9.6.1 (geographic
limits in which the storage of Class I and Class II liquids in above-ground
tanks outside of buildings is prohibited): R-1, R-2, R-3, R-4, M-1,
and M-2 Zoning Districts.
Section 5706.2.4.4 (geographic limits
in which the storage of Class I and Class II liquids in above-ground
tanks is prohibited): R-1, R-2, R-3, R-4, M-1, and M-2 Zoning Districts.
Section 5806.2 (geographic limits
in which the storage of flammable cryogenic fluids in stationary containers
is prohibited): R-1, R-2, R-3, R-4, M-1, and M-2 Zoning Districts.
Section 6104.2 (geographic limits
in which the storage of liquefied petroleum gas is restricted for
the protection of heavily populated or congested areas): R-1, R-2,
R-3, R-4, M-1, and M-2 Zoning Districts.
When the provisions of this chapter
are in conflict with other sections of the Code of the Borough of
Franklin Park or any other Borough ordinances or any other applicable
codes, the more stringent code, ordinance or regulation shall apply.