[Adopted 8-10-1999 by Ord. No. 1770[1]]
[1]
Editor's Note: This article also repealed Ord. No. 1668,
adopted 10-8-1991.
This article shall be known as the "Shaler Township BOCA Fire
Prevention Code Ordinance."
Chapter 90 of the Township Code, Building Construction, is amended to include an Article III, entitled the "BOCA National Fire Prevention Code," which code is incorporated herein by reference as if more fully set forth herein at length, with the additions, insertions, deletions and changes, if any, prescribed in § 90-12 of this article.
A certain document, three copies of which are on file in the office of the Building Inspector/Zoning Compliance Officer and the Township of Shaler, 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., be and is hereby formally adopted as the Fire Prevention Code of the Township of Shaler, 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 more fully set out in this article, with the additions, insertions, deletions and changes, if any, prescribed in § 90-12 of this article.
The following sections of the BOCA National Fire Prevention
Code, Tenth Edition, 1996, as published by the Building Officials
and Code Administrators International, Inc., are hereby added, inserted,
changed or revised as follows:
A.
Section 7-101.1, Title, is amended by inserting "the Township of
Shaler."
C.
Section 7-111.2, Unlawful continuance, is amended to read as follows:
Section F-111.2 Unlawful Continuance: Any person,
firm, partnership, corporation or organization who or which shall
refuse to leave, interfere with the evacuation of other occupants
or continues any operation after having been given an evacuation order,
except such work as that person is directed to perform to remove a
violation or unsafe condition, shall, upon conviction in a summary
proceeding, be fined up to $1,000 and, in default of the payment of
the fine and costs, shall be committed to the Allegheny County Jail
for a period not to exceed 30 days. Each twenty-four-hour period during
which any violation shall continue shall constitute a separate offense.
Nothing contained herein shall be deemed to preclude the Township
to seek other relief or avail itself of any remedy that may be at
law or in equity to prevent continuing violations of the terms of
this article.
D.
Section 7-112.3, Penalty for violations, is amended to read as follows:
Section F-112.3 Penalty for Violations: Any person,
firm, partnership, corporation or organization who or which violates
any of the provisions of this article shall, upon conviction in a
summary proceeding, be fined up to $1,000 and, in default of the payment
of the fine and costs, shall be committed to the Allegheny County
Jail for a period not to exceed 30 days. Each twenty-four-hour period
that a violation continues after due notice has been served shall
constitute a separate offense. Nothing contained herein shall be deemed
to preclude the Township to seek other relief or avail itself of any
remedy that may be at law or in equity to prevent continuing violations
of the terms of this article.
E.
Section F-403.3, Allowable burning, shall not be construed to prevent the burning of other combustible materials, such as brush, tree limbs and demolition materials, in open fires under permit from the Bureau of Air Pollution Control of the Allegheny County Health Department, as provided for in the Allegheny County Health Department Rules and Regulations, Article XIII, Section 1309.4(b)(3). See § 95-4 of the Township Code.
F.
Section F-3001.1, Scope, is amended by adding the following new language
and sections:
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Blasting is prohibited in the Township of Shaler unless all
of the following conditions are met:
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(1)
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The person intending to blast in the Township shall possess
an explosives permit issued by the Department of Environmental Protection
and shall comply with all requirements of the Department as set forth
in the Pennsylvania Code, 25 Pa. Code § 211.1-211.88.
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(2)
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The person intending to blast in the Township shall submit an
explosives blasting plan to the Township Board of Commissioners, which
plan shall be approved by the Township Engineer and shall be reviewed
and approved by an expert retained by the Township.
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(3)
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The person intending to blast in the Township shall provide
the Township with the indemnification, insurance and security mandated
by Section F-3001.3(1), (2) and (3).
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G.
F-3001.3, Bond required for blasting, is amended by adding the following
new language and Sections (1), (2) and (3):
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Moreover, before approval to do blasting is issued, the permittee
shall provide the Township with the following indemnification, insurance
and security:
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(1)
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Indemnification. Indemnification of the Township for property
and personal injury will be governed as follows:
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(a)
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The permittee shall indemnify fully and, if requested, defend
the Township from liability, loss, injury or damage to persons or
property which the Township, its officers, agents and employees individually
may suffer as a result of claims, demands, costs or judgments arising
against it as a result of the granting of the blasting permit to the
permittee, including claims, demands, costs or judgments arising as
a result of activities of the permittee, its agents, employees or
others at the permit site or work or other actions taken by one or
more of them under or in violation of the permit; or as a result of
the failure of one or more of them to conform to pertinent statutes,
ordinances, regulations or other requirements or other requirements
of a governmental authority in connection with the permit.
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(b)
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The permittee and its contractors shall add the Township as
an additional insured to their insurance policies to secure the permittee's
indemnification of the Township for property damage and personal injury
under this subsection.
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(c)
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The amount of insurance shall be at least $250,000 per person
and at least $1,000,000 per occurrence or other statutory limitations
on damages as the General Assembly of the Commonwealth may establish.
A policy shall guarantee coverage for damages and injury which occur
during the time the permit is in effect and which are the result of
the granting of the permit to the permittee.
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(d)
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Upon request, the permittee shall deliver to the Township certificates
of insurance evidencing that the coverage required under this subsection
has been obtained.
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(2)
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Insurance. The permittee shall obtain, prior to blasting under
the permit, a policy of insurance, issued by an insurer having a certificate
of authority and a licensed agent authorized to transact the business
of insurance in this commonwealth, to cover a loss that may arise
out of operations under the permit.
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(a)
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The permittee and its contractors shall obtain insurance for
public liability and property damage, in a form satisfactory to the
Township, to cover a loss that may arise out of operations under the
permit.
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(b)
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The amount of insurance shall be at least $250,000 per person
and at least $1,000,000 per occurrence. A policy shall guarantee coverage
for damages and injury which occur during the time the permit is in
effect and which are the result of the granting of the permit to the
permittee.
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(c)
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Upon request, the permittee shall deliver to the Township certificates
of insurance evidencing that the coverage required under this subsection
has been obtained.
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(d)
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The permittee's obligations to indemnify the Township and
to obtain insurance to secure indemnification as required in Subsection
G(1) herein and its obligation to obtain security under Subsection
G(3) herein are separate from the obligations to obtain insurance
for the purposes required under Subsection G(2). Obtaining insurance
under this Subsection G(2) does not relieve the permittee of its obligations
under Subsection G(1) and (3).
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(3)
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Security. The Township may require the applicant to execute
an agreement or provide security, or both, as a prerequisite to issuance
of the permit. The Township's determination as to the necessity
and the amount of security will be based on the totality of the circumstances
existing concerning the blasting. If security is required, it shall
be delivered to the Township Treasurer in the form and amount acceptable
to the Township and shall guarantee restoration of all property damaged
by operations under the permit for at least one year after the expiration
of the permit. If the security is executed by a corporate surety registered
and authorized to do business in this commonwealth, the following
are acceptable forms of security:
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(a)
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An individual or blanket bond.
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(b)
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An irrevocable letter of credit in a form acceptable to the
Township, signed by a bank officer and naming the Township as sole
beneficiary, to be honored on presentment.
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H.
F-3101.2 Approval required, is deleted in its entirety and the following
is substituted in its place:
F-3101.2 Approval required: A permit is required for the public display of fireworks and shall first be obtained from the Secretary and Township Manager of the Township as set forth in § 127-2 of the Township Code.
I.
F-3003.2, Establishment of Limits. The limitations referred to in
Section F-3003.2 of the BOCA National Fire Prevention Code, 1996,
in which the storage of explosive materials is prohibited, are hereby
established as follows: The storage of explosive materials is prohibited
in the Township of Shaler unless all of the following conditions are
met:
(1)
The person intending to store explosive materials in the Township
shall have a license issued by the Department of Environmental Protection
for each magazine used for the storage of the explosives.
(2)
The person intending to store explosive materials in the Township
shall comply with all requirements of the Department of Environmental
Protection for the storage, handling and use of explosives, as set
forth in 25 Pa. Code §§ 211.1 to 211.88.
(3)
The person intending to store explosive materials in the Township
shall obtain the prior approval of the Township Board of Commissioners.
