A certain document, three copies of which are on the file in the office of the Township of Ridley, Delaware County being marked and designated as the "BOCA National Fire Prevention Code, Tenth Edition, 1996", as published by the Building Officials and Code Administrators International, Inc., is hereby adopted as the Fire Prevention Code of the Township of Ridley in the Commonwealth of Pennsylvania; for the control of buildings, structures and premises 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 part hereof as if fully set out in this article, with the additions, insertions, deletions, and changes, if any, prescribed in §
135-2 of this article.
The following sections are hereby revised as
follows:
A. Section F-101.1, insert "Township of Ridley."
B. The references throughout the code to "the Code Official"
shall be changed to "the Fire Marshal."
C. Section F.107.2.3, Permits, shall state: "Permits
shall be for the following activities and at the fees as set from
time to time by resolution of the Board of Commissioners: blasting
(per day or per week); and storage of explosives or blasting agents
(annual)."
[Amended 10-25-2000 by Ord. No. 1808]
D. Section F-112.3, Penalty for violations, shall state:
"Any person, firm or corporation who shall violate any provision of
this code or fall to comply with any order issued pursuant to any
section thereof, shall, upon conviction thereof, be sentenced to pay
a fine not less than $100, and not than $1,000 and costs of prosecution,
collectible as provided by law, and in default of payment of such
fine and costs, said violator may be imprisoned in the county jail
for a term not exceeding 30 days. Each day a violation of this code
continues shall constitute a separate offense."
[Amended 10-25-2000 by Ord. No. 1808]
E. Sections F-113.1 through F-113.7. Sections F-113.1
through F-113.7 shall be deleted in its entirety and replaced with
the following:
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F-113.1 Application for appeal: Any person shall have the right to appeal a decision of the Fire
Marshal to the Citizens Building Committee. An application for appeal
shall be based on a claim that the true intent of this code or the
rules legally adopted thereunder have been incorrectly interpreted,
the provisions of this code do not fully apply, or an equally good
or better method of fire prevention is proposed. The application shall
be filed on a form obtained from the Fire Marshal within 20 days after
the notice was served.
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F-113.2 Notice of hearing: The
Citizens Building Committee shall conduct a hearing within 30 days
of the filing of an appeal, or at stated periodic meetings.
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F-113.3 Open hearing: All hearings
before the Citizens Building Committee under this section shall be
open to the public. The appellant, the appellant's representative,
the Fire Marshal and any person whose interests and affected shall
be given an opportunity to be heard.
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F-113-3.3.1 Procedure: The Committee
shall adopt, and make available to the public, procedures under which
a hearing will be conducted. The procedures shall not require compliance
with strict rules of evidence, shall mandate that only relevant information
be received. Decisions shall be made by a majority vote of the members
present.
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F-113.3.2 Court review: Any person,
whether or not a previous party of the appeal, shall have the right
to apply to the appropriate court for a writ of certiorari to correct
errors of law. Application for review shall be made in the manner
and time required by law after the filing of the decision.
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F. Section F - 403.3 shall be amended to add the following:
No person shall kindle or maintain a rubbish fire or burning of recyclable
materials, including leaf and yard waste, or authorize any such fire
to be kindled or maintained on any private land.
[Added 9-26-2001 by Ord. No. 1816]