[HISTORY: Adopted by the Board of Supervisors
of the Township of West Brandywine at time of adoption of Code (see
Ch. 1, General Provisions, Art. I). Amendments noted where applicable.]
A certain document, at least one copy of which is on file in the offices of the Township of West Brandywine, being marked and designated as the "BOCA National Fire Prevention Code, Eleventh Edition, 1999," as published by the Building Officials and Code Administrators International, Inc., is hereby adopted as the Fire Prevention Code of the Township of West Brandywine, County of Chester, Commonwealth of Pennsylvania, for the control of buildings and structures as herein provided, and each and all of the regulations, provisions, penalties, conditions and terms of said BOCA National Fire Prevention Code are hereby referred to, adopted and made a part hereof, as if fully set out in this chapter, with the additions, insertions, deletions and changes, if any, prescribed in § 85-2 of this chapter.
The BOCA National Fire Prevention Code is amended
and revised as follows:
A.
In Section F-100.1, the words "Township of West Brandywine"
shall be inserted where applicable.
B.
Section F-112.3 shall be amended to read as follows:
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F-112.3 Violations and penalties. Any person who shall violate any provision of this code or shall
fail to comply with any of the requirements thereof or who shall erect,
construct, alter or repair a building or structure in violation of
an approved plan or directive of the code official or authorized representative,
or of a permit or certificate issued under the provisions of this
code, shall, upon conviction in a summary proceeding brought before
a District Justice under the Pennsylvania Rules of Criminal Procedure,
be guilty of a summary offense and punishable by a fine of not more
than $1,000, plus costs of prosecution. In default of payment thereof,
the defendant may be sentenced to imprisonment for a term not exceeding
90 days. Each days' continuance shall constitute a separate offense.
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The limits referred to in Section F-3003.2 of
the BOCA National Fire Prevention Code in which the storage of explosives,
ammunition and blasting agents is prohibited are hereby established
as follows:
A.
Open burning shall be allowable only upon possession of a valid West
Brandywine Township burn permit.
B.
Only recreational fires, campfires, bonfires, and farm cleanup fires
shall be permitted within West Brandywine Township by the permitting
process.
C.
Farm cleanup permits shall be permitted on properties where agricultural activities occur and the property meets the criteria described in § 200-15A of the Township Zoning Code. Farm cleanup permits shall permit the burning of materials or agricultural commodities in their unmanufactured state.
D.
Farm cleanup permits shall limit the size of the fire load to eight
feet wide by eight feet wide by four feet high. Farm cleanup permits
shall meet the provisions of the required burn permit excepting in
circumstances where fires are permitted after dusk the owner/applicant
is required to have documentation that the fire company of the respective
fire area is in attendance of the burn.
E.
Bonfires shall be permitted on institutional properties only where
the supporting tract provides a minimum adequate safety perimeter
acceptable to the fire chief of the respective fire service area.
Bonfires shall require written permission from the fire chief of the
respective fire service area and shall require a representative of
the fire service area to be in attendance of the bonfire.
F.
Burning is not permitted within mobile home park communities pursuant to § 200-118B(3) of the Zoning Code.
G.
Burn permits shall not apply to properties where the use of the property
is other than residential, agricultural or institutional.
H.
Gas or LP gas appliances shall be utilized in conformance with the
manufacturer specifications, listing and labeling requirements.
I.
Charcoal grills for cooking shall be exempt from the provisions of
this section.
J.
Burning during times of drought, windy conditions or burn bans imposed
by municipality, county, state or federal agencies is prohibited.
A.
Provisions specified herein shall be enforceable by the West Brandywine Township Police Department, Township Code Enforcement Officer and/or the Township Fire Inspector. Penalties for violations are described in § 85-6 herein.
B.
Fire Chiefs of the respective fire coverage areas shall have the
discretion to recommend enforcement provisions to the WBTPD against
individuals violating the provisions of this statute.
C.
West Brandywine Township Police Department, Township Code Enforcement
or Fire Chief is authorized to order the extinguishment of a fire
by the permit holder or the fire department of any open burn which
creates or adds to a hazardous or objectionable condition. The Fire
Chief or designee may prohibit or terminate all recreational fires
when atmospheric conditions or local conditions make such fires hazardous,
or when the Fire Chief or designee determines such actions are necessary
to protect public safety.
A.
Any person who violates or permits a violation of this chapter shall,
upon conviction in a summary proceeding brought before a Magisterial
District Court under the Pennsylvania Rules of Criminal Procedure,
be guilty of a summary offense and punishable by a fine of not more
than $1,000, plus costs of prosecution. In default of payment thereof,
the defendant may be sentenced to imprisonment for a term not exceeding
90 days. Each day or portion thereof that such violation continues
or is permitted to continue shall constitute a separate offense, and
each section of this article that is violated shall also constitute
a separate offense.
