Township of Birmingham, PA Chapter 57 Fire Prevention

[HISTORY: Adopted by the Board of Supervisors of the Township of Birmingham 11-20-1995 by Ord. No. 95-06; amended in its entirety 6-7-2004 by Ord. No. 04-10. Subsequent amendments noted where applicable.]

§ 57-1 Adoption of standards by reference; copies to be on file.

There is hereby adopted by the Board of Supervisors of Birmingham Township the International Fire Code, 2018 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, 2018 Edition, have been and now are filed in the office of the Secretary of Birmingham Township, and the same is hereby adopted and incorporated as fully as if set out at length herein.

§ 57-2 Conflict of laws.

Except where otherwise specifically provided, whenever a conflict exists between the International Fire Prevention Code as adopted herein and the Pennsylvania Department of Labor and Industry Fire and Panic Regulations, the more stringent requirements shall control.

§ 57-3 (Reserved)

§ 57-4 Additions, insertions and changes to standards.

The following amendments, additions, deletions and changes are hereby made to the International Fire Code, 2018 Edition:

A. Section 101.1 shall be amended by the deletion of the words, "[NAME OF JURISDICTION]" and the replacement thereof with "Birmingham Township."

B. Section 103 shall be deleted in its entirety and replaced with the following:

"SECTION 103 FIRE MARSHAL

103.1 The Fire Marshal and assistants. The Fire Marshal of Birmingham Township, hereinafter called the Fire Marshal, shall be appointed by the Board of Supervisors and shall serve for such period and upon such terms and conditions as the Board shall direct. The Board may from time to time appoint an assistant or assistants to the Fire Marshal, and said assistants shall serve at the pleasure of the Board. The Fire Marshal and his assistants shall receive such compensation as the Board may from time to time direct.

103.2 Duties of the Fire Marshal. The Fire Marshal shall be the chief enforcement officer of the Township Fire Prevention Code and shall have the power and responsibility of enforcing the Fire Code with respect to:
1.	The prevention of fires.
2.	The storage and use of explosives and flammables.
3.	The installation and maintenance of automatic and other fire-extinguishing equipment.
4.	The maintenance and regulation of fire escapes, the means and adequacy of exits in case of fire from factories, schools, apartments, hotels, lodging houses, mental and other hospitals, churches, halls, theaters and other places in which persons work, live or congregate from time to time for any purpose.
5.	The investigation of the cause, origin and circumstances surrounding all fires of a suspicious nature.
6.	The preparation and submission of such reports as may be required from time to time by the Commonwealth of Pennsylvania, the County of Chester and/or any other governmental body. In addition, a report shall be submitted in writing to the Board of Supervisors on or before May 1 of each year setting forth information, including but not limited to the investigations conducted, their findings and the number and nature of fires occurring within the Township."

C. Section 109.3 shall be amended to state as follows:

"109.3 Violation and penalties. Any person who shall violate a provision of this code or shall fail to comply with any of the requirements thereof, or, who shall violate an approved plan or directive of the Fire Marshal, shall be guilty of a summary offense, punishable by a fine of not more than $1,000 per day, plus costs and attorney's fees, and, upon default of the payment of the fine and costs, imprisonment not to exceed 30 days. Each day that a violation continues shall be deemed a separate offense."

D. Section 111.4 shall be amended to read as follows:

"111.4. Failure to comply. Any person who shall continue any work after having been served with a stop-work order, except such work as that person is directed to perform to remove a violation or unsafe condition, shall be subject to the penalty provisions of Section 109.3."

E. Section 3204.3.1.1 shall be amended by adding the following sentence: "Except where prohibited by the Zoning Ordinance, there are no geographic limits in the Township where the storage of flammable cryogenic fluids in stationary containers in prohibited."

F. Section 3404.2.9.5.1 shall be amended by adding the following sentence: "Except where prohibited by the Zoning Ordinance, there are no geographic limits in the Township where the storage of Class I and Class II liquids in aboveground tanks outside of buildings is prohibited."

G. Section 3406.2.4.4 shall be amended by adding the following sentence: "Except where prohibited by the Zoning Ordinance, there are no geographic limits in the Township where the storage of Class I and Class II liquids in aboveground tanks is prohibited."

H. Section 3804.2 shall be amended by adding the following sentence: "Except where prohibited by the Zoning Ordinance, there are no geographic limits in the Township where the storage of liquefied petroleum gas is restricted for the protection of heavily populated or congested areas."