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Township of Unity, PA
Westmoreland County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Board of Supervisors of the Township of Unity 9-8-1977 by Ord. No. 9877. Amendments noted where applicable]
GENERAL REFERENCES
Outdoor fires — See Ch. 55.
There is hereby adopted by the Township of Unity, for the purpose of prescribing regulations concerning conditions hazardous to life and property, from fire or explosion, that certain code known as the "Fire Prevention Code" recommended by the American Insurance Association, being particularly the 1970 Edition as amended from time to time thereof and the whole thereof, which code is on file in the office of the Unity Township Supervisors. The Fire Prevention Code is hereby adopted and incorporated as fully as if set out at length herein, and from the date on which this chapter shall take effect, the provisions thereof shall be controlling within the limits of the Township of Unity.
The Fire Prevention Code shall be enforced by the Unity Township Chiefs Association of the Township of Unity, which shall be comprised of the Chiefs of each of the volunteer fire companies of Unity Township and the Ordinance Officer of Unity Township. Together, they shall be referred to as the "Unity Township Fire Prevention Bureau." The Chairman of the Unity Township Chiefs Association shall be in charge of the Bureau of Fire Prevention and along with the Ordinance Officer shall be responsible for enforcement of this code. The other members of the Bureau of Fire Prevention shall be the Fire Chiefs of the various Township fire companies. Neither the Chairman of the Chiefs Association nor the other members of the Bureau shall be entitled to wages for their services, and neither the Chiefs Association nor the Ordinance Officer shall have any control over the individual fire companies other than inspection for fire hazards or enforcing the Fire Prevention Code. A report of the Chiefs Association shall be made quarterly and transmitted to the Board of Supervisors of Unity Township, which shall contain the activities of the Association during the quarter plus any recommendations regarding amendments to the code which, in their judgment, are desirable.
As used in the Fire Prevention Code hereby adopted, the following terms shall have the meanings indicated:
CHIEF OF THE BUREAU OF FIRE PREVENTION
The Chairman of the Unity Township Chiefs Association.
CORPORATION COUNSEL
The Attorney for the Township of Unity.
MUNICIPALITY
The Township of Unity.
If any complaints are made by a citizen of the Township of Unity or anyone else, they shall be made either to the Fire Chief of the district in which the complainant is a resident or to the Chairman of the Unity Township Chiefs Association or the Ordinance Officer of Unity Township. Any violations of the code or ordinance shall be prosecuted by the Ordinance Officer as for the enforcement of any other ordinance of the Township of Unity.
The boundary limits of the restricted districts in Unity Township are hereby established as those areas as described in the code and the restrictions set forth therein as follows:
A. 
The limits referred to in § 16.22 of the Fire Prevention Code, in which storage of flammable liquids in outside aboveground tanks is prohibited.
B. 
The limits referred to in § 16.51 through 16.55 inclusive of the Fire Prevention Code, in which new bulk plants for flammable liquids are prohibited.
C. 
The limits referred to in § 21.6a of the Fire Prevention Code, in which bulk storage of liquefied petroleum gas is restricted.
D. 
The limits referred to in § 12.6b of the Fire Prevention Code, in which storage of explosives and blasting agents is prohibited.
The Township Chiefs Association 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 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 Chairman of the Chiefs Association thereon shall be entered upon the records of the Association, and a signed copy shall be furnished the applicant and the Unity Township Supervisors.
[Amended 4-25-1998 by Ord. No. O-3-88]
Whenever the Chiefs Association 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 Chiefs Association to the Supervisors of the Township of Unity within 30 days from the date of the decision appealed.
The Board of Supervisors and the Chairman of the Chiefs Association and the Ordinance Officer shall act as a committee to determine and specify, after giving affected persons an opportunity to be heard and after a proposal by the Board of Supervisors, any new materials, processes or occupancies which shall require permits in addition to those now enumerated in the code. The committee shall post such list in a conspicuous place in the Township Office and distribute copies thereof to interested persons.
[Amended 12-11-1980; 5-17-1985; 4-25-1998 by Ord. No. O-3-88]
The Fire Prevention Code hereby adopted is amended in the following respects:
A. 
Division VII, § 16.792, Fire Control, is amended by adding Subsections b through f as follows:
b. In addition to the other requirements of this code, every self-service filling station located in the Township of Unity shall comply with the following regulations:
(1) There shall be installed on each service island a total suppression system designed by a suppression system engineer and approved by the Unity Township Fire Prevention Bureau; and
(2) Said system will have automatic firing capability and also manual firing capability from the service island and from the control point in the station.
c. There shall be installed for each self-service station a fire alarm box, self-energized, located on the outside of the station's structure. This box will activate automatically if there is a firing of the suppression system either automatically or manually.
d. There shall also be a manual pull station located at the control desk in the station.
e. This amendment shall apply to all new stations and existing stations in the Township of Unity.
f. All existing stations in the Township of Unity shall be in compliance with this amendment within two years from the date of its adoption.[1]
[1]
Editor's Note: "This amendment" refers to the ordinance adopted 5-17-1985.
B. 
Section 28.3b is amended to read as follows:
b. Where conditions are such as to make smoking a fire or explosion hazard in any areas of piers, wharves, warehouses, stores, industrial plants, health-care occupancies, laboratories, places of assembly, schools, school buses and in open spaces where flammable, combustible or hazardous materials are manufactured, stored or handled, the Chief of the Bureau of Fire Prevention is empowered and authorized to order the owner or occupant in writing to post "No Smoking" signs in each building, structure, room or place in which smoking shall be prohibited. The Chief of the Bureau of Fire Prevention shall designate specific safe locations, if necessary, in any building, structure or place in which smoking is to be permitted.
[1]
Editor's Note: Former § 52-9.1, Fire insurance proceeds, was repealed 2-10-2022 by Ord. No. O-1-2022.
[Amended 2-28-1986 by Ord. No. O-1-86; 4-25-1988 by Ord. No. O-3-88; 11-28-2000 by Ord. No. O-10-00]
A. 
Any person who shall violate the provisions of this chapter or any section of the Code adopted hereby or fail to comply therewith, or who shall violate or fail to comply with any order made thereunder or who shall build in violation of any detailed statement of specifications or plans submitted or approved thereunder or any certificate or permit issued thereunder, or who shall fail to comply with such an order as affirmed or modified by the Supervisors of Unity Township or by any court of competent jurisdiction, within the time fixed therein, shall severally for each and every such violation and noncompliance respectively, be punishable by a fine of not more than $1,000, together with costs of prosecution and reasonable attorney's fees incurred by Unity Township in the prosecution of this chapter or, in default of the payment thereof, by imprisonment for not more than 30 days. The imposition of one penalty for any violation shall not excuse the violation or permit it to continue, and all such persons shall be required to correct or remedy such violations or defects within a reasonable time; and when not otherwise specified, each 10 days that a prohibited condition or conditions are maintained shall constitute a separate enforceable offense.
B. 
Notwithstanding the foregoing penalty, Unity Township may, if it deems it appropriate, proceed in an action in equity to cause an injunction to issue, either preliminarily or otherwise, or to have a court of competent jurisdiction issue a restraining order against any person or other entity from a violation or violations of the within chapter.