For the purpose of prescribing regulations governing conditions hazardous to life and property from fire and explosion, the Borough of Silverdale adopts as its Fire Prevention Code the BOCA National Fire Prevention Code/1987, or the most recent edition of the National Fire Prevention Code, as published by the Building Officials and Code Administrators International, Inc., which may be referred to in this article as "the code" or "this code." A copy of that code has been placed on file with the Borough Secretary and will remain on file there. The entire Fire Prevention Code, except for those portions that are deleted, modified or amended in the following sections of this article, is adopted and incorporated by reference as fully as if set out verbatim in this article; and from the date when this article takes effect, the provisions of that Fire Prevention Code, as amended in this article, shall be controlling within the limits of the Borough of Silverdale.
[Adopted 7-5-1988 by Ord. No. 206]
The code is amended and changed in the following respects:
A.
The words "the Borough of Silverdale" shall be substituted for the words "name of jurisdiction" (in brackets) and the words "the jurisdiction" (except where it reads "under the jurisdiction of") and the words "this jurisdiction" wherever any of the words appear in the code.
B.
The words "Borough Council" shall be substituted for the term "chief appointing officer" or "appointing authority of the jurisdiction" wherever either of the latter terms appears in the code. "Borough Council" shall also be substituted for the term "board" or "board of appeals" wherever either of the latter terms appears in the code.
C.
The term "Borough Solicitor" shall be substituted for the term "legal counsel of the jurisdiction" wherever the latter term appears in the code.
D.
Wherever the term "Chief of the Fire Department" or "Chief of the Bureau of Fire Prevention," "Fire Official," or "Code Official" is used in the Fire Prevention Code, that term shall mean the "Fire Inspector."
E.
Whenever the term "fire prevention bureau" is used in the Fire Prevention Code, that term shall mean the Fire Inspector and, if that officer is, in that capacity, in charge of any office or bureau of Borough government, that office or bureau.
F.
Section F-101.2 is amended to read as follows:
F-101.2 Validity of other laws, regulations and ordinances. Nothing in this code shall be construed to prevent the enforcement of state laws and regulations and/or ordinances of the Borough of Silverdale which prescribe more-restrictive or stricter requirements or limitations. |
G.
Section F-102.2 is amended to read as follows:
F-102.2 Inspections of buildings and premises. It shall be the duty of the Fire Inspector to inspect, or cause to be inspected by any of his assistants, all buildings and premises, except the interiors of dwellings and dwelling units, as often as may be necessary for the purpose of ascertaining and causing to be corrected any conditions liable to cause fire or any violation of the provisions or intent of this code and/or any other ordinance affecting fire hazards, provided that nothing herein shall be intended to supersede or supplant the procedure for removal of fire hazards set forth in the Act of 1927, P.L. 450, No. 291, Section 3, as amended, where such procedure shall be followed by the Pennsylvania State Police or its assistants. |
H.
Section F-102.7 is amended to add the following sentence at the end thereof:
Furthermore, Borough Council shall have authority, at its discretion, to abrogate any rule or regulation, or part thereof, in which case that rule or regulation shall cease to be in effect in the Borough. |
I.
Section F-103.1 is amended to read as follows:
F-103.1 Permits required. Permits shall be obtained from the Fire Inspector and shall at all times: | ||
(a) | Be kept in the premises designated in the permit; and | |
(b) | Be available for inspection by the Fire Inspector. | |
Provided that no permit need be obtained from the Borough under this section where a license or permit is required by law or departmental regulation of the Commonwealth of Pennsylvania and where a valid state license or permit is in possession of the person desiring to engage in the precise activity authorized by the state license or permit. | ||
J.
Section F-103.1.1 is amended to read as follows:
F-103.1.1 Application for permit. Application for a permit required under this code shall be made to the Fire Inspector on a form provided by the Borough. Applications for permits shall be accompanied by plans or drawings where required by the Fire Inspector for evaluation of the application. No permit shall be issued until a fee, which shall be for the use of the Borough, shall have been paid. The fees for permits shall be as set forth in the schedule adopted by ordinance or resolution of Borough Council, as updated from time to time. |
K.
Section F-103.5, Revocation of permit, is amended by adding the following at the end of the section:
No permit fee or part thereof shall be refunded upon revocation of the permit. |
L.
Section F-104.0, Means of Appeal, is amended by deleting Sections F-104.1 through F-104.6, and the following new section is inserted:
F-104.1 Appeals. Whenever the Fire Inspector shall disapprove an application or refuse 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, in writing, from the decision of the Fire Inspector to the Borough Council within 30 days from the date of the decision appealed. The decision of the Council shall be handed down within 30 days from the date of the appeal. |
M.
Section F-105.4 is amended to read as follows:
F-105.4 Notice of violation. Whenever the Fire Inspector observes an apparent or actual violation of a provision of this code or other code or ordinance under his jurisdiction, he shall prepare a written notice of violation describing the condition deemed unsafe and specifying time limits for the required repairs or improvements to be made to render the building, structure or premises safe and secure Written notice of the violation of this code shall be served upon the owner, his duly authorized agent or upon the occupant or other person responsible for the conditions under violation. Notice of such violation shall be made either by personal service or by certified mail sent to the person's last known post office address, or by leaving it in the possession of any person in charge of the premises, or, in the case where no person is found upon the premises, by affixing a copy thereof in a conspicuous place at the entrance door or avenue of access; and such procedure shall be deemed the equivalent of personal notice. |
N.
Section F-105.5 is amended to read as follows:
F-105.5 Failure to correct violations. If the notice of violation is not complied with within the time specified by the Fire Inspector, the Fire Inspector shall report that fact to the Mayor and to the Borough Council. The Mayor may then direct the policing authority of the Borough to make any arrests for any offense against this code or orders of the Fire Inspector affecting the immediate safety of the public; and the Council may direct the Borough Solicitor to institute the appropriate legal proceedings to restrain, correct or abate the violation or to require removal or termination of the unlawful use of the building or structure in violation of the provisions of this code or of any order or direction made under this code. |
O.
Section F-105.5.1 is amended to read as follows:
F-105.5.1 Penalties. | ||
(a) | Any person who violates or fails to comply with any provisions of this code, or who violates or fails to comply with any order issued under this code, or who builds in violation of any detailed statement of specifications or plans submitted and approved under the terms of this code or any certificate or permit issued under this code shall be guilty of a summary offense, and, upon conviction, shall be sentenced to pay a fine of $50 to $1,000, and costs of prosecution, and, in default of payment of fine and costs, to imprisonment for not more than 30 days; provided that the imposition of one penalty for any violation shall not excuse that violation or permit it to continue; and all such persons shall be required to correct or remedy that violation or defect within a reasonable time; and when not otherwise specified, each day that any prohibited condition is 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. | |
(c) | If, at the expiration of the time limit for correction of the listed violations, satisfactory remedial action has not been taken and no exception has been filed to request consideration of the order by the Borough Council, such further action shall be initiated by the Borough as provided for by law, specifically including the power of the Borough to cause such remedial action to be commenced and/or completed by the Borough and the costs thereof and expenses incurred therewith, with a penalty of 10%, be collected from the owner of the property by action of assumpsit or by lien; provided, however, that the recovery of the costs and expenses, together with the penalty, may be in addition to the penalty imposed as provided for in this section. | |
In interpreting any of the provisions of the code hereby adopted, the following provisions shall be governing:
A.
The said code shall not supersede any provision of any law of the Commonwealth of Pennsylvania or any regulation promulgated by any department or agency of the Commonwealth by authority of law where such law or regulation is in conflict with or identical to a provision of the said code; provided, however, that any provision of the said code that is stricter than or in addition to any state law or regulation governing a particular subject or activity shall be in effect and shall be enforced within the Borough of Silverdale, subject to the penalties prescribed in the code.
B.
Mention in or regulation by the code hereby adopted of any specific use of property, or of any business or industry, shall not in itself authorize such use of property or the establishment or carrying on of any such business or industry in the Borough. It is hereby declared that the intent of the Borough Council is that permitted and prohibited uses of property in the Borough shall be as governed by Chapter 340, Zoning, its amendments and supplements.
Nothing in this article or in the code adopted by this article shall be construed to affect any suit or proceeding now pending in court or any rights acquired or liability incurred or any cause or causes of action accrued or existing under any ordinance repealed by this article, nor shall any right or remedy of any character be lost, impaired or affected by this article.