[Adopted 12-29-1977 by Ord. No. 1431
as Ch. 9, Art. IV of the Cheltenham Code]
Certain documents, copies of which are on file in the office of the Township Manager of the Township of Cheltenham, being marked and designated as "Fire Prevention Code," being particularly the 1970 Edition thereof, as recommended by the National Board of Fire Underwriters, save and excepting such portions as are hereinafter deleted, modified or amended by § 151-16 of this article, be and are hereby adopted as the Fire Prevention Code of the Township of Cheltenham, Montgomery County, Pennsylvania, for the regulations governing conditions hazardous to life and property from fire; and each and all of the regulations, provisions, conditions and terms of said Fire Prevention Code and supplements thereto are hereby referred to, adopted and made a part hereof as if fully set out in this article, with the additions, insertions, deletions and changes, if any, prescribed in § 151-16 of this article.
As used in this article, the following terms shall have the meanings
indicated:
The Fire Marshal of the Township of Cheltenham.
The Solicitor of the Township of Cheltenham.
The Township of Cheltenham.
The Board of Township Commissioners shall have power to modify any of
the provisions of the Fire Prevention Code upon application in writing by
the owner or lessee, or his duly authorized agent, when there are practical
difficulties in the way of carrying out the strict letter of the code, provided
that the spirit of the code shall be observed, public safety secured and substantial
justice done. The particulars of such modification, when granted or allowed,
and the decision of the Public Safety Committee thereon shall be entered upon
the records of the Committee, and a signed copy shall be furnished the applicant.
[Added 11-18-1980 by Ord. No. 1492]
On or before the 31st day of December, 1985, standpipe systems and/or
sprinkler systems located on private property shall have provided for Fire
Department use by the owners thereof standard Fire Department fittings as
hereinafter described:
A.Â
Standpipe connections for the discharge of water shall
be 2Â 1/2 inches in diameter and be Male NST (National Standard Fire Hose
Coupling Screw Threads).
B.Â
Sprinkler and standpipe Fire Department inlet connections
shall be five-inch STORTZ and shall be marked in accordance with NSTS (National
Fire Prevention Association) Pamphlets 13 and 14. The 2003 International
Fire Code.
[Amended 3-15-2005 by Ord. No. 2081-05]
C.Â
All Fire Department connections shall be equipped with
listed plugs or caps.
[Added 6-17-1986 by Ord. No. 1627;
amended 9-15-1987 by Ord. No. 1657; 9-15-1987
by Ord. No. 1658; 11-15-1988 by Ord.
No. 1677; 8-18-1992 by Ord. No. 1759-92]
A.Â
Adoption of national codes. There are hereby adopted
by reference for the purpose of prescribing regulations governing the installation
of fire, smoke and heat detection devices, the codes promulgated by the National
Fire Protection Association known as NFPA No. 11, 1988; NFPA No. 11A, 1988;
NFPA No. 12, 1989; NFPA No. 12A, 1989; NFPA No. 12B, 1990; NFPA No. 13, 1991;
NFPA No. 13D, 1991; NFPA No. 13R, 1991; NFPA No. 16, 1991; NFPA No. 17, 1990;
NFPA No. 25, 1992; NFPA No. 70, 1990; NFPA No. 70A, 1990; NFPA No. 71, 1989;
NFPA No. 72, 1990; NFPA No. 72E, 1990; NFPA No. 72G, 1989; NFPA No. 72H, 1988;
and NFPA No. 74, 1989. The type of equipment required by this article, its
installation and maintenance shall conform to the version of these codes affording
the greatest protection or, when in doubt, the most recent version of these
codes and with the provisions of the Fire and Panic Act, Act of April 27,
1927, P.L. 465, as amended (35 P.S. § 1221 et seq.), and the implementing
regulations promulgated by the Department of Labor and Industry found at 34
PA Code Subsection 49.1 et seq. through 59.1 et seq., as amended.
B.Â
AC-POWERED SMOKE DETECTOR
AUTOMATIC FIRE ALARM SYSTEM
AUTOMATIC SPRINKLER SYSTEMS
BATTERY-POWERED SINGLE STATION SMOKE DETECTORS
CHILD DAY-CARE CENTER
DAY-CARE CENTER
DWELLING
DWELLING, SINGLE-FAMILY
FAMILY DAY-CARE HOME
FIRE PROTECTION SYSTEMS
GROUP HABITATION
HEALTH CARE INSTITUTIONS
HEAT DETECTOR
MULTIPLE-DWELLING BUILDING
STANDBY POWER SYSTEMS
SUBSTANTIALLY ALTERED BUILDING
SUBSTANTIALLY ALTERED DWELLING
SUPERVISION
Definitions. As used in this section, the following terms
shall have the meanings indicated:
Those detectors which are approved, listed and labeled by a nationally
recognized agency which have an AC primary source of electric power with a
standby power system and alarm signal interconnected throughout the system.
A functionally related group of devices which monitor control valves
and flow switches and which automatically detect heat, smoke or other products
of combustion. The system, when activated, will sound a fire signal without
the necessity of human intervention.
Those systems installed in accordance with NFPA 13, 13D, 13R and
25. In all cases, "automatic sprinkler systems" shall be interconnected with
the building fire alarm system so that, in the event of activation of the
sprinkler system, the building fire alarm system shall automatically sound
if such a system is required by any other section.
Those detectors which are approved, listed and labeled by a nationally
recognized agency, installed and maintained in accordance with provisions
of NFPA 70, 72E and 74, as amended.
Any facility in which care is provided for seven or more children,
but fewer than 12 children, at any one time, including relatives of the care
giver(s).
The provision of day care to any number of children in any facility
or structure other than one used in or at the family residence of the day-care
provider.
A building designed and intended to be occupied by one or more families
living independently of each other upon the premises.
A building designed for and occupied as a residence for one family.
A private residence in which care is provided on site for up to six
children under the age of 16, including children and relatives of the day-care
provider. Children and relatives of the day-care provider will not be counted
if over the age of 11.
Those systems and devices used for extinguishing fires and controlling
temperatures or other conditions dangerous to life or property, to include
but not be limited to carbon dioxide systems, dry chemical systems, foam systems
and halon systems.
Hotels, motels, dormitories, lodging houses, orphanages, children's
residential institutions, larger personal care homes, group homes, community
residential facilities, group foster homes, nursery schools, day-care centers,
child day-care centers and health care institutions.
Uses that provide sleeping facilities for persons who are mostly
incapable of self-preservation because of physical or mental illness or disease,
or persons convalescing from physical or mental illness or disease, such as
but not limited to hospitals, sanatoriums, nursing homes, convalescent homes
and rest homes.
A device which detects abnormally high temperature rate-of-temperature
rise, powered by and interconnected to the building automatic fire alarm system.
Apartment or residential condominium building with four or more dwelling
units.
An alternate source of electricity, hard wired and powered by AC
current with standby backup battery or other approved means of start-up power.
All existing buildings except single-family detached dwellings and
multiple-family dwellings when substantially damaged and reconstructed or
to which a substantial addition or alteration is made. For the purposes of
this subsection, a building shall be considered any freestanding building
as well as any portion of a building separated from the remaining portions
of the building by a fire wall or walls. A substantial reconstruction, addition
or alteration shall be considered one which involves or increases the building's
gross floor area by greater than 33% or 5,000 square feet. This shall apply
to the supporting or structural members of a building or structure, such as
bearing walls, bearing columns, bearing beams or bearing girders; provided
that alterations or reconstruction shall not include, inter alia, repairs
to roof, walls or interior; exterior or interior painting or redecorating;
elimination, relocating or construction of new partitions within an existing
building; air conditioning; repairs or replacement of heating equipment or
systems; modernizing of kitchens or bathrooms; and installations or replacement
of kitchen or bathroom equipment.
For the purposes of requiring the retrofitting of AC-powered smoke
detector, any structural alteration in or addition to the supporting or structural
members of a building or structure, such as bearing walls, bearing columns,
bearing beams or bearing girders, whereby the square footage of the building
or structure is increased by more than 15% or the cost thereof is in excess
of $25,000. This does not include, inter alia, repairs to roof, walls or interior;
exterior or interior painting or redecorating; elimination, relocating or
construction of new partitions within an existing building; air conditioning;
repairs or replacement of heating equipment or systems; modernizing of kitchens
or bathrooms; and installation or replacement of kitchen or bathroom equipment.
The service required to continually monitor the performance and operative
condition of sprinkler and automatic fire alarm systems.
C.Â
Automatic sprinkler systems.
(1)Â
Automatic sprinkler systems:
(a)Â
Shall be installed and maintained in all new buildings, except
single-family detached dwellings and multiple-family dwellings having three
or fewer living units, to include all combustible concealed spaces and attached
garages.
(b)Â
Shall not be installed or maintained in the following occupancies:
[1]Â
Rooms or structures used for the manufacture, sale, storage or
processing of aluminum powder, calcium carbide, calcium phosphide, metallic
sodium, potassium quicklime, magnesium powder or chips, sodium peroxide or
like substances to which the application of water will cause or increase the
fire hazard; or
[2]Â
Any other location where the installation of sprinkler equipment
may, in the opinion of an approved rating bureau and/or the Fire Marshal,
increase the hazard to life or property.
(c)Â
Shall be installed and maintained where presently installed in
any currently existing building other than single-family detached dwellings.
(d)Â
Shall be installed and maintained in all existing buildings,
except single-family detached dwellings and multiple-family dwellings, when
substantially damaged and reconstructed or to which a substantial addition
or alteration is made.
(e)Â
Shall be installed and maintained in all existing buildings where
there is a change in occupancy classification and use except to single-family
dwelling.
(2)Â
All buildings with automatic sprinkler systems, except single-family
dwellings, shall be inspected and certified as to proper working condition
annually by a certified sprinkler company and the written report of said certification
forwarded to the Township Fire Marshal within 30 days of the inspection.
D.Â
Fire protection systems shall be installed and maintained in
the following occupancies where the installation of sprinkler equipment may,
in the opinion of an approved rating bureau and/or the Fire Marshal, increase
the hazard to life or property, to include but not limited to:
(1)Â
Rooms or structures used for the manufacture, sale, storage or
processing of aluminum powder, calcium carbide, calcium phosphide, metallic
sodium, potassium quicklime, magnesium powder or chips, sodium peroxide or
like substances to which the application of water will cause or increase the
fire hazard; or
(2)Â
Any other location where the installation of sprinkler equipment
may, in the opinion of an approved rating bureau and/or the Fire Marshal,
increase the hazard to life or property.
E.Â
AC-powered smoke detectors.
(1)Â
AC-powered smoke detectors shall be installed or maintained in
the following occupancies:
(a)Â
All newly constructed single-family dwellings.
(b)Â
All newly constructed multiple-dwelling buildings, health care
institutions or buildings used for group habitation.
(c)Â
Any existing single-family dwelling when it is substantially
altered.
(d)Â
Common areas of all buildings used in part or whole as multiple
dwellings.
(e)Â
All areas of all existing buildings, single- and multiple-family
homes, used in part or whole as group habitation, health care and family day-care
homes.
(2)Â
Dormitory sleeping rooms may be a single station installation.
F.Â
Automatic fire alarm systems shall be installed and maintained,
complete with a standby power system, in all new and existing buildings used
in whole or in part for group habitation and/or multiple-dwelling purposes
and health care facilities.
G.Â
Battery-powered single station smoke detectors.
(1)Â
Battery-powered single station smoke detectors shall be installed
or maintained in all existing structures used as single-family dwellings when
the dwelling is sold. The seller of the property shall be required to execute
an affidavit stating that the property has been brought into compliance with
this section and shall present this affidavit to the township when the seller
completes the application for zoning and use certification required when property
within the township is sold.
(a)Â
Smoke detectors shall be of a type which is approved, listed
and labeled by a nationally recognized agency, installed and maintained in
accordance with the provisions of NFPA 70, 72E and 74.
(b)Â
All property owners and associations of property owners shall
comply with the provisions of this article for all single-family detached
dwellings sold after December 31, 1987.
(2)Â
In all existing multiple-family dwellings where a multiple-family
dwelling unit is held in the condominium form of ownership, it shall be the
responsibility of the condominium owner to install and maintain the smoke
detector(s), and when the property is sold, the seller of the condominium
shall be required to execute an affidavit stating that the property has been
brought into compliance with this section and shall present this affidavit
to the township when the seller completes the application for zoning and use
certification required when property within the township is sold.
(3)Â
Battery-powered single station smoke detectors shall be installed
or maintained in any dwelling unit used in combination with a commercial occupancy
whereby the common areas are protected by an AC-powered smoke detector system.
H.Â
Heat detectors.
(1)Â
A minimum of one heat detector, interconnected to the building
automatic fire alarm system, shall be installed in every dwelling unit of
all multiple-dwelling buildings.
(2)Â
In dormitories, a heat detector shall be installed in each sleeping
area and interconnected to the building automatic fire alarm system.
I.Â
General regulations.
(1)Â
Mixed occupancy. Structures with more than one occupancy class
shall be considered mixed occupancy and must comply with the most restrictive
occupancy requirements.
(2)Â
Compliance requirements. Compliance with these regulations as
they affect existing structures is required prior to May 19, 1989, with the
exception of the requirement for heat detectors in multiple-family dwelling
buildings, compliance with which is required prior to May 19, 1991. Compliance
with the requirement for the supervision of manual and automatic fire alarms
is required prior to October 1, 2005.
[Amended 6-21-2005 by Ord. No. 2090-05]
(3)Â
Location. Smoke detectors must be located in each sleeping area,
except in apartments or condominium units, where they may be located in close
proximity thereto.
(4)Â
Supervision. All sprinkler, AC-powered smoke detectors, fire
protection systems, manual and automatic fire alarm systems shall be supervised.
In buildings which are used in whole or in part for group habitation, health
care or multiple-family occupancy, public, private and parochial schools,
supervision shall be by means of an approved central station or municipal
alarm center and automatically notify the Fire Department of a fire alarm.
[Amended 6-21-2005 by Ord. No. 2090-05]
(5)Â
Emergency exit signs. Wherever applicable codes require exit
signs above exit doors on all new construction, this requirement shall include
placement of approved signs six to eight inches from floor level to the left
and right of the exit.
(6)Â
Recall elevators. All elevators in newly constructed buildings
shall be equipped with recall and/or capture provisions and fire service and
shall be connected to the building fire protection systems.
(7)Â
Door locks. Exit doors on fire towers, including doors at roof
level, may be locked from the stairway side of the door if the following conditions
are met:
(a)Â
The door is held in the locked position by an electrically energized
fail-safe latch.
(b)Â
The electrically energized latch shall be interconnected with
the building fire alarm system and/or automatic sprinkler system which, when
activated, shall automatically release the power from the latches, thereby
unlocking all doors.
(c)Â
Electrical power to energize fail-safe latches shall be supplied
by a separate circuit without interconnection with exit signs or any other
devices. The emergency electrical power in the building shall not be supplied
to fail-safe latches.
(d)Â
A safety shall be provided in a location designated by the Fire
Marshal which shall cut the power to the fail-safe latches when manually operated.
(8)Â
Elevator lobbies.
(a)Â
Each floor of an elevator-equipped building shall display a sign,
at least four by four inches in size, above the call buttons, which shall
read as follows: "In the event of a fire, do not use the elevators. Use closest
stairway."
(b)Â
Each lobby area shall display a drawing or diagram indicating
the lobby location together with the means and location of fire exits approved
by the Fire Marshal.
(9)Â
Approved plans. Prior to installation, revision, addition or
alteration of an approved automatic fire alarm system, automatic sprinkler
system or fire protection system, the owner shall submit detailed plans to
the Township Fire Marshal for review and to the Pennsylvania Department of
Labor and Industry when required by state statute prior to issuance of a permit.
(10)Â
Interior finish requirements. Interior finish requirements for
buildings may be reduced by one class when the building is totally protected
by an automatic sprinkler system.
(11)Â
Condominiums. If dwelling units are held by the condominium form
of ownership, each unit owner shall be responsible for the installation of
smoke detectors in his or her unit. The condominium unit owners' association
shall be responsible for installation and maintenance of required automatic
fire alarms in common areas.
(12)Â
Equivalent equipment shall be permitted with the approval of
the Fire Marshal, State and Rating Bureau.
(13)Â
Interconnection. All sprinkler and automatic fire alarm systems
shall be interconnected to all elevators, automatic door locks and protective
signaling equipment.
(14)Â
Marking of fire towers. All fire towers shall be permanently
marked with numbers or letters not less than six inches tall and a stroke
of not less than 3/4 inch on the fire tower door as to the floor and, when
applicable, ground level exit.
(15)Â
Building identification. All commercial and multiple-family occupancy
buildings are required to display the numeric street address and English name
of the establishment in numbers of not less than six inches tall with a stroke
of not less than 3/4 inch, at both the front and rear of the building. In
buildings with internal service corridors, all doors in the corridor shall
be marked with the store name or description of the use of the area serviced
by the door.
[Added 1-19-1988 by Ord. No. 1666]
A.Â
SELF-SERVICE STATION
Definitions. As used in this section, the following terms
shall have the meanings indicated:
That portion of a property and/or place of business where flammable
or combustible liquids used as motor fuels are stored and subsequently dispensed
from fixed equipment into the fuel tanks of motor vehicles by persons other
than the service station attendant.
B.Â
Dispensing devices.
(1)Â
Only approved special dispensing devices such as, but
not limited to, coin-operated, card-operated and remote present types are
permitted at service stations. Said devices must be designed for self-service
use or have been modified in an approved manner for self-service use and are
remotely controlled by equipment specifically approved for use with such special
dispensing devices.
(2)Â
The use of control or dispensing equipment comprised
of an assemblage of components which, as a complete unit, has not been approved
by a nationally recognized testing laboratory for the use intended is prohibited.
(3)Â
A control shall be provided that will permit the pump
to operate only when a dispensing nozzle is removed from its bracket on the
dispensing unit and manually actuated and that will stop the pump when returned
to its bracket.
(4)Â
All devices will be conspicuously labeled as to the product
to be dispensed.
C.Â
Delivery nozzles. Hose nozzle valves of the automatic-closing
type for dispensing flammable or combustible liquids into a fuel tank or into
an approved container shall be provided and be of an approved type which is
manually held open during the dispensing operation. The use of nozzles with
hold-open latches is prohibited.
D.Â
Supervision of dispensing.
(1)Â
There shall be at least one attendant or supervisor on
duty while the station is open to the public. The primary function of the
attendant or supervisor shall be to supervise, observe and control the dispensing
of flammable or combustible liquids. At all times during the dispensing of
flammable or combustible liquids, the attendant shall remain at the principle
control location, that is, within arm's length of the remote control
facilities. There shall be no dispensing of flammable or combustible liquids
at any time when the attendant is outside the control booth or room. Where,
in addition to the self-service operation, food is sold (other than vending
machines), an additional attendant is required from 6:00 a.m. to 10:00 p.m.
(2)Â
The dispensing operations shall, at all times, be in
clear view of the attendant. Placing or permitting any obstacle between the
dispensing operation and the attendant, so as to obstruct the view of the
attendant, is prohibited.
(3)Â
The attendant shall prevent the dispensing of flammable
or combustible liquids into portable containers which are not approved. The
attendant shall control sources of ignition and immediately handle accidental
spills and use fire extinguishers, if needed. The attendant shall notify the
appropriate emergency agency in case of a fire, spill or other emergency.
The attendant or supervisor on duty shall be mentally and physically capable
of performing the functions and assuming the responsibility prescribed in
this section.
E.Â
Emergency controls.
(1)Â
Emergency controls, including the main power shutoff
switch or switches, are required and shall be independent of the approved
special dispensing devices and control equipment. Such controls and switches
shall be installed at an accessible location not more than 15 feet from the
principle control location of the attendant and not more than 100 feet from
the furthest self-service dispensing device. Use of the emergency controls,
including the main power shutoff switch or switches, to control the dispensing
devices, in other than an emergency situation, is prohibited.
(2)Â
A list of emergency procedures and instructions shall
be conspicuously posted in the immediate vicinity of the attendant's
principle control location and include Fire Department notification procedures.
F.Â
Communication system. A two-way voice communication system
is required at each dispensing device island. Such communication system shall
provide the person dispensing flammable or combustible liquids with hands-off
direct voice communications with the attendant. The system must operate over
a constantly operational open channel or circuit of adequate volume and clarity
and also provide talk and listen capabilities for both the attendant and the
person dispensing the flammable or combustible liquid.
G.Â
Electrical requirements. Electrical equipment used in
connection with Class I or Class II liquids shall conform to and be installed
in accordance with applicable provisions of the National Electrical Code.
H.Â
Warning signs. On each dispenser island there shall be
conspicuously posted, in letters of at least one inch in height, the following
warnings:
I.Â
Operating instructions. Operating instructions shall
be conspicuously posted on either the dispensing device island or on each
dispensing device.
J.Â
Vehicle parking. Designated parking spaces are prohibited
within a direct line of sight between the attendant's principle control
location and the dispensing devices.
K.Â
First aid fire appliances. There shall be not fewer than
one ten-pound BC fire extinguisher in or at each service station. Additional
approved fire extinguishers may be required by the Fire Marshal.
L.Â
Training. Upon request by the Fire Marshal, the attendant
or supervisor, or both, must be able to demonstrate competence in the operation
of all controls and devices and competence in the procedures and use of fire
extinguishers.
M.Â
Self-service dispensing of Class I and Class II liquids
will not be permitted where positive pressure is used, at the nozzle, from
a gravity system.
[Amended 11-21-1995 by Ord. No. 1846-95]
Whenever the Fire Marshal shall disapprove an application or refuse
to grant a permit applied for or when it is claimed that the provisions of
the code do not apply or that the true intent and meaning of the code have
been misconstrued or wrongly interpreted, the applicant may appeal from the
decision of the Fire Marshal to the Public Safety Committee within 30 days
from the date of the decision appealed.
The Board of Commissioners shall determine and specify, after giving
affected persons an opportunity to be heard, any new materials, processes
or occupancies, which shall require permits, in addition to those now enumerated
in said code. The Fire Marshal shall post such list in a conspicuous place
in his office and distribute copies thereof to interested persons.
[Amended 11-21-1995 by Ord. No. 1846-95]
Any person or legal entity violating the provisions of this article
shall, upon summary conviction before a District Justice, pay a fine of not
more than $1,000, together with costs of suit, collectible in the manner provided
by law. Each violation after notice of an offense or service of a summons
shall constitute a distinct and separate offense.