[Adopted 3-5-1968 as Ord.
No. 2793]
[Amended 1-31-1972 by Ord.
No. 2890; 8-26-1986 by Ord.
No. 3100; 6-16-1989 by Ord.
No. 3100.1; 3-13-1990 by Ord.
No. 3100.2; 8-24-1993 by Ord.
No. 3100.3; 7-23-1996 by Ord.
No. 3100.4]
The City of Bradford hereby adopts, for the purpose of prescribing regulations
governing conditions hazardous to life and property from fire or explosion,
the fire prevention code known as the "BOCA Basic Fire Prevention Code, 1996
Edition," and then, henceforth, the City of Bradford will comply with the
most recent edition of this code, save and except such portions as are hereinafter
deleted, modified or amended, of which three (3) copies have been and are
now filed in the office of the City Clerk, and the same are hereby adopted
and incorporated as fully as if set out at length herein, and from the date
on which this Article shall take effect, the provisions thereof shall be controlling
within the corporate limits of the City of Bradford.
A.
The Fire Prevention Code shall be enforced by the Bureau
of Fire Prevention in the Fire Department of the City of Bradford, which is
hereby established and which shall be operated under the supervision of the
Chief of the Fire Department.
B.
The City Manager may detail such members of the Fire
Department as inspectors as shall from time to time be necessary.
C.
A report of the Bureau of Fire Prevention shall be made
monthly and be transmitted to the City Manager; it shall contain all proceedings
under this code, with such statistics as the Chief of the Fire Department
may wish to include therein; the Chief of the Fire Department shall also recommend
any amendments to the code which, in his judgment, shall be desirable.
A.
The Chief of the Fire Department shall establish the
limits of districts in which certain activities are prohibited or restricted
as referred to in the Fire Prevention Code.
B.
The Chief of the Fire Department shall have the 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 the way of 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 Chief of the Fire Department
thereon shall be entered upon the records of the Department, and a signed
copy shall be furnished the applicant.
Whenever the Chief of the Fire Department 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 Chief of the Fire Department to the City Manager within thirty
(30) days from the date of the decision appealed.
The City Manager shall designate the Chief of the Fire Department and
two (2) other qualified persons to act as a committee to determine and specify,
after giving affected persons an opportunity to be heard, any new materials,
processes or occupancies which shall require permits in addition to those
now enumerated in said code. The Chief of the Fire Department
shall post such list in a conspicuous place in his office and distribute copies
thereof to interested persons.
A.
Any person who shall violate any provision of the code
hereby adopted 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 and approved thereunder,
or any certificate or permit issued thereunder, and from which no appeal has
been taken, or who shall fail to comply with such an order as affirmed or
modified by the City Manager or by a court of competent jurisdiction, within
the time fixed herein, or who shall obstruct or prevent or attempt to obstruct
or prevent the Chief of the Fire Department in the discharge of his duties
hereunder, severally for each and every such violation and noncompliance,
respectively, shall be subject, upon conviction before the District Justice,
to a fine of not less than fifty dollars ($50.) nor more than one hundred
dollars ($100.) and costs of prosecution, or to imprisonment for not less
than ten (10) days nor more than thirty (30) days, or to both such fine and
imprisonment. The imposition of one (1) 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 ten (10) days that prohibited
conditions are maintained shall constitute a separate offense.
B.
The application of the above penalty shall not be held
to prevent the enforced removal of prohibited conditions.
[Amended 6-11-1974 by Ord.
No. 2927]
The Fire Prevention Code hereby adopted is amended as follows:
A.
The "City of Bradford" shall be inserted wherever the
words "Name of Municipality" appear in brackets therein; wherever the term
"legal officer" or "legal representative" is used in this code, it shall be
held to mean the Bradford City Solicitor.
B.
Section F-112.3 is hereby amended to read as follows:
[Amended 6-11-1974 by Ord.
No. 2927; 8-26-1986 by Ord.
No. 3100; 6-16-1989 by Ord.
No. 3100.1]
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F-112.3 Penalty for violations: Any person, firm or corporation who
shall violate any provision of this Article shall, upon the first conviction
thereof, be sentenced to pay a fine of not less than twenty-five dollars ($25.)
nor more than one thousand dollars ($1,000.) and/or to undergo imprisonment
for a term not to exceed ninety (90) days, or both; upon the second conviction
thereof, be sentenced to pay a fine of not less than one hundred dollars ($100.)
nor more than one thousand dollars ($1,000.) and/or to undergo imprisonment
for a term not to exceed ninety (90) days, or both; and upon the third or
subsequent conviction thereof, be sentenced to pay a fine of not less than
five hundred dollars ($500.) nor more than one thousand dollars ($1,000.)
and/or to undergo imprisonment for a term not to exceed ninety (90) days,
or both. Each day that a violation of this Article continues after notice
shall constitute a separate offense.
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A.
In all cases where the City Fire Department is called
out to save or protect property endangered by fire, a service charge shall
be imposed against the property owner in accordance with the following schedule:
B.
In all cases where the Fire Department service charge
is indemnified by the property owners' insurance coverage, the city may elect
to accept the amount provided for under said insurance even though it is less
than the rate provided for herein.
A.
Stricter provisions to apply. In all matters that are
regulated by the laws of the Commonwealth of Pennsylvania or by regulations
of departments or agencies of the commonwealth promulgated by authority of
law, such laws or regulations, as the case may be, shall control where the
requirements thereof are the same as or in excess of the provisions of this
Article. The code shall control in all cases where the state requirements
are not as strict as those contained in this Article.
B.
Continuity of existing provisions. The provisions of
this Article, so far as they are the same as those of ordinances and/or code
in force immediately prior to the enactment of this Article, are intended
as a continuation of such ordinances, shall not affect any act done or liability
incurred, nor shall they affect any suit or prosecution pending or to be instituted
to enforce any right or penalty or to punish any offense under the authority
of any of the repealed ordinances.
