[HISTORY: Adopted by the Council of the Borough
of West Chester 2-11-1976 by Ord. No. 2-1976,[1] amended 5-10-1989 by Ord. No. 11-1989.[2] Subsequent amendments noted where applicable.]
GENERAL REFERENCES
Fire Department — See Ch. 7.
Firemen's Relief Association — See Ch. 8.
Building construction — See Ch. 43.
Electrical standards — See Ch. 54.
Housing and property maintenance — See Ch. 66.
Mechanical standards — See Ch. 72.
[1]
Editor’s Note: This ordinance also superseded former
Ch. 57, Fire Prevention, adopted 8-9-1967 by Ord. No. 16-1967.
[Amended 8-11-1982 by Ord. No. 15-1982;[1] 7-21-1993 by Ord. No. 11-1993; 7-17-1996 by Ord. No. 15-1996; 4-21-2004 by Ord. No. 17-2004]
There is hereby adopted by the Borough of West
Chester the International Fire Code, 2003 Edition, as now and as hereafter
supplemented, reissued, amended and revised as published by the International
Code Council, Inc. Not fewer than three copies of the International
Fire Code, 2003 Edition, have been and now are filed in the Borough's
office of the Department of Building, Housing and Codes Enforcement,
and the same is hereby adopted and incorporated as fully as if set
out at length herein.
[1]
Editor's Note: This ordinance also provided
that any references to the "Fire Marshal" in the BOCA Basic Fire Prevention
Code, 1981 Edition, be changed to refer to the "Fire Official."
[Amended 8-11-1982 by Ord. No. 15-1982; 4-8-1987 by Ord. No. 5-1987]
Except where otherwise specifically provided,
whenever there shall be a conflict between the International Fire
Code as adopted herein and the Pennsylvania Department of Labor and
Industry Fire and Panic Regulations, the more stringent requirements
shall govern.
[Amended 8-11-1982 by Ord. No. 15-1982; 4-8-1987 by Ord. No. 5-1987; 5-9-1990 by Ord. No. 8-1990; 7-21-1993 by Ord. No. 11-1993; 4-21-2004 by Ord. No. 17-2004]
The following amendments, additions, deletions,
and changes are hereby made to the International Fire Code, 2003 Edition:
A.
Section 101.1 shall be amended by the deletion of
the words, "[NAME OF JURISDICTION]" and the replacement thereof with
"the Borough of West Chester."
B.
Section 103 shall be deleted in its entirety and replaced
with the following: "103 DEPARTMENT OF BUILDING, HOUSING AND
CODES ENFORCEMENT."
C.
Section 103.1 shall be deleted in its entirety and
replaced with the following:
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"103.1 Code official. The Department
of Building, Housing and Codes Enforcement shall administer and enforce
the provisions of this code. The executive official in charge of the
Department of Building, Housing and Codes Enforcement shall be known
as the "fire code official."
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D.
Section 103.2 shall be deleted in its entirety and
reserved.
E.
Section 108 shall be deleted in its entirety and replaced
with the following:
[Amended 8-15-2012 by Ord. No. 15-2012; 9-16-2015 by Ord. No. 13-2015]
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"SECTION 108 BOARD OF APPEALS.
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108.1 General. The Borough, along
with five other municipalities in Chester County, is a member of the
West Chester Area Council of Governments (WCACOG) pursuant to an intergovernmental
cooperation agreement to create the West Chester Area Council of Governments
dated the 1st day of April, 2003. The WCACOG has formed a Board of
Appeals for the members in the WCACOG, 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 and all other related codes that are published by the International
Code Council, Inc., and are referenced in Chapter 35 of the International
Building Code, 2003 Edition, including the municipalities' fire
code. The Board of Appeals shall be appointed by the WCACOG and shall
be governed by rules and regulations adopted by the WCACOG pursuant
to the Agreement. The Board of Appeals shall adopt rules of procedure
for conducting its business."
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F.
Section 109.3 shall be amended to state as follows:
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"109.3 Violations and penalties. Any person who violates or permits the violation of any provision
of this code or shall fail to comply with any order issued pursuant
to any section thereof shall, upon conviction thereof in a summary
proceeding brought before a District Justice, be guilty of a summary
offense and shall be subject to the payment of a fine of not less
than $25 and not more than $1,000, plus the costs of prosecution.
Upon default of payment thereof, the defendant may be sentenced to
imprisonment in the county prison for a period of not more than 30
days. Each section or provision of this chapter that is violated shall
constitute a separate offense, and each day or portion thereof in
which a violation of this chapter is found to exist shall constitute
a separate offense, each of which violations shall be punishable by
a separate fine imposed by the District Justice of not less than $25
and not more than $1,000, plus the costs of prosecution, and, upon
default of payment thereof, the defendant may be sentenced to imprisonment
in the county prison for a term not more than 30 days."
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G.
Section 111.4 shall be amended by the deletion of
the words, "[AMOUNT]" and the replacement thereof with "$25" and "$1,000."
H.
Section 3204.3.1.1 shall be amended by adding the
following sentence: "There are no geographic limits in the Borough
of West Chester where the storage of flammable cryogenic fluids in
stationary containers is prohibited."
I.
Section 3404.2.9.5.1 shall be amended by adding the
following sentence: "There are no geographic limits in the Borough
of West Chester where the storage of Class I and Class II liquids
in above-ground tanks outside of buildings is prohibited."
J.
Section 3406.2.4.4 shall be amended by adding the
following sentence: "There are no geographic limits in the Borough
of West Chester where the storage of Class I and Class II liquids
in above-ground tanks is prohibited."
K.
Section 3804.2 shall be amended by adding the following
sentence: "There are no geographic limits in the Borough of West Chester
where the storage of liquified petroleum gas is restricted for the
protection of heavily populated or congested areas."
[Amended 8-11-1982 by Ord. No. 15-1982; 3-13-1985 by Ord. No. 2-1985; 6-12-1985 by Ord. No. 8-1985; 7-21-1993 as Ord. No. 11-1993]
A.
Posting of no-parking signs by the Code Official.
Whenever the Code Official or duly designated assistant shall determine
that the parking of motor vehicles upon any private street, lane or
shopping center is liable to interfere with the operations of the
Fire Department or to seriously hamper egress of occupants from buildings
in case of fire, he shall require that signs be posted at designated
places on such private property, land or shopping center, reading
"No Parking - Fire Regulation - by the Order of the Code Official
of West Chester." After erection of the signs, parking in such posted
areas shall be deemed a violation of this chapter in addition to any
other summary violations provided by law.
[Amended 8-11-1982 by Ord. No. 15-1982; 3-17-1999 by Ord. No. 5-1999]
Any person who violates or permits the violation
of any provision of this chapter or any provisions of the Fire Prevention
Code shall, upon conviction thereof in a summary proceeding brought
before a District Justice, be guilty of a summary offense and shall
be subject to the payment of a fine of not less than $25 and not more
than $1,000, plus the costs of prosecution. Upon default of payment
thereof, the defendant may be sentenced to imprisonment in the county
prison for a period of not more than 30 days. Each section or provision
of this chapter that is violated shall constitute a separate offense,
and each day or portion thereof in which a violation of this chapter
is found to exist shall constitute a separate offense, each of which
violations shall be punishable by a separate fine imposed by the District
Justice of not less than $25 and not more than $1,000, plus the costs
of prosecution, and, upon default of payment thereof, the defendant
may be sentenced to imprisonment in the county prison for a term not
more than 30 days.
