[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.]
[1]
Editor’s Note: This ordinance also superseded former Ch. 57, Fire Prevention, adopted 8-9-1967 by Ord. No. 16-1967.
[2]
Editor’s Note: Said amendment, which adopted the BOCA National Fire Prevention Code of 1987, also provided that all references to the "Fire Official" in Chapter 57 be substituted with "Code Official."
[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:
"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."
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]
"SECTION 108 BOARD OF APPEALS.
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."
F. 
Section 109.3 shall be amended to state as follows:
"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."
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.