The following sections and subsections of the International Fire Code, 2009 edition, are hereby added, inserted, deleted, restated or changed as set forth below:
(a) Section 101.1 is restated as follows:
101.1 Title. These regulations shall be known as the Fire Prevention Code of the Borough of White Oak (hereinafter referred to as “this code”).
(b) Section 102.4 is restated as follows:
102.4 Application of Building Code. The design and construction of new structures shall comply with the procedures and provisions of the Code of the Borough of White Oak, “Construction Code, Uniform,” as amended (hereinafter referred to as the “Borough Construction Code”). Any alterations, additions, changes in use or changes in structures required by this Code, which are within the scope of the Borough Construction Code, shall be made in accordance therewith. Nothing in this code shall be construed to cancel, modify or set aside any provisions of the Code of the Borough of White Oak, “Zoning”, as amended.
(c) Section 102.5 is amended by inserting “Borough Construction Code” in place of the reference to “International Building Code.”
(d) All references to “International Building Code” shall be deemed to be a reference to the “Borough Construction Code” within this code.
(e) Section 103 is amended by changing the title of the Section to “Code Enforcement.”
(f) Section 103.1 is restated as follows:
103.1 General. The office of Fire Official is hereby created and the executive official(s) in charge thereof shall be known as the Fire Official (hereinafter fire code official), who shall be appointed, together with any assistants, from time to time by Borough Council.
(g) Section 103.2 is amended to provide:
103.2 Appointment. The Fire Code Official shall be appointed by the Borough Council or be that retained entity or person in charge of a retained entity as approved by the Borough Council.
(h) Substitute “Fire Official” in all relevant Sections for all references to the “department of fire prevention.”
(i) All references to “fire department” shall be deemed to be a reference to the “White Oak Volunteer Fire Company No. 1" and/or the Rainbow Volunteer Fire Company within this code.
(j) Section 104.3 is restated as follows:
104.3 Right of Entry. Whenever it is necessary to make an inspection to enforce the provisions of this code, or whenever the fire code official has reasonable cause to believe that there exists in a building or upon any premises any conditions or violations of this code, the fire code official shall have the right and the power to enter upon and inspect the building or premises at all reasonable hours and in a reasonable manner for the administration and enforcement of this code. If such building or premises is occupied, the fire code official shall present credentials to the occupant and request entry. If such building or premises is unoccupied, the fire code official shall first make a reasonable effort to locate the owner or other person having charge or control of the building or premises and request entry. In the event that entry upon any building or premises is refused by an owner, an agent of an owner or a tenant, the fire code official shall obtain an administrative search warrant from any magisterial district judge within the judicial district where the building or premises to be inspected is located. It shall be sufficient to support the issuance of a warrant for the fire code official to provide to the magisterial district judge evidence of any of the following:
1. Reasonable standards and an administrative plan for conducting inspections.
2. The conditions of the building, premises or general area and the passage of time since the last inspection.
3. Facts, supported by oath or affirmation, alleging that probable cause exists that a law, regulations or ordinance subject to enforcement by the fire code official has been violated.
(k) Section 108, Board of Appeal, is deleted in its entirety and restated as follows:
SECTION 108
MEANS OF APPEAL
108.1 Application for Appeal. Any person directly aggrieved by an order, decision, or determination made by the fire code official relative to the application and interpretation of this code shall have the right to appeal to the Building Board of Appeals established under the Borough Construction Code provided that a written application for an appeal on a form provided by the Borough is filed within ten (10) days after receipt or posting of such order, decision, or determination, along with the payment of an appeal hearing fee in an amount set from time to time by resolution of the Borough Council. An application for appeal shall be based on a claim that the true intent of this code or the rules legally adopted hereunder have been incorrectly interpreted, the provisions of this code do not fully apply, or an equivalent method of protection or safety is proposed. The Building Board of Appeals shall have no authority to waive requirements of this code.
108.2 Regulations and Procedures for Appeals. All appeals under this code shall proceed under the regulations and procedures of the Building Board of Appeals.
(l) Section 109.2.3 is restated as follows:
109.2.3 Prosecution of Violation. If the person does not comply with the notice of violation within the time period set forth in the notice, the fire code official, a Borough Police Officer, or the Borough Solicitor shall institute the appropriate proceedings at law or in equity to restrain, correct or abate such violation, or to require removal or termination of the unlawful occupancy of the structure in violation of the provisions of this code or of the order or direction made pursuant thereto. Any person failing to comply with a notice of violation or order served in accordance with the code shall be prosecuted by action brought before a magisterial district judge in the same manner provided for the enforcement of summary offenses under the Pennsylvania Rules of Criminal Procedure. The Borough Solicitor may assume charge of the prosecution without the consent of the District Attorney as required under Pa.R.Crim.P. No. 454 (relating to trial in summary cases).
(m) Section 109.3 is restated as follows:
109.3 Violation Penalties. Any person who shall violate any provision of this code, or fail to comply therewith, or with any of the requirements thereof, or who shall erect, install, alter, repair, or do work in violation of the approved construction documents or directive of the Fire Code Official, or of a permit or certificate used under this provisions of this code, shall be guilty of a summary offense, punishable by a fine not to exceed $1,000.00 per violation, plus court costs and reasonable attorney fees incurred by the Borough in the enforcement proceedings, and in default of payment of such fine and costs to imprisonment to the extent permitted by law for the punishment of summary offenses. A separate offense shall arise for each day or portion of a day in which a violation is found to exist or for each section of this code is found to have been violated. All fines, costs, penalties, and fees collected for the violation of this Chapter shall be paid to the Borough Treasurer.
(n) Section 109.3.1 is amended by adding a last sentence as follows:
“Any action taken by the Borough in the prosecution or abatement of any violation shall be charged against the real estate upon which the violation exists and shall be a municipal claim and lien upon such real estate.”
(o) Section 110.3 is restated as follows:
110.3 Summary Abatement. Where conditions exist that are deemed hazardous to life and property, the fire code official or fire department official in charge of the incident is authorized to abate summarily such hazardous conditions that are in violation of this code and the Borough may collect the cost of abatement, together with a penalty of ten percent (10%) of the cost, in the manner provided by law for the collection of municipal claims, or by action of assumpsit, or may seek relief by bill in equity.
(p) Section 111.4 is amended to insert “$500.00" in the first reference of [AMOUNT] and “$1,000.00" in the second reference of [AMOUNT].
(q) Section 113.2 is restated as follows:
113.2 Schedule of Permit Fees. The fees for applications and permits referenced in this code and for the activities and services performed by the fire code official in carrying out his/her responsibilities under this code shall be established, from time to time, by resolution of the Borough Council.
(r) Section 307, Open Burning, Recreational Fire and Portable Outdoor Fireplaces, is deleted in its entirety and restated as follows:
SECTION 307
OPEN BURNING, RECREATIONAL FIRES
AND PORTABLE OUTDOOR FIREPLACES
307.1 General. A person shall not kindle or maintain or authorize to be kindled or maintained any open burning unless conducted and approved in accordance with Chapter 97, “Burning, Open,” in the Code of the Borough of White Oak.
R. The geographic limits referred to in certain Sections are hereby established as follows:
Section 3404.2.9.6.1 (geographic limits in which the storage of Class I and Class II liquids in above-ground tanks outside of buildings is prohibited): R-1, R-2, R-3, R-4, M-1, and M-2 Zoning Districts.
Section 3406.2.4.4 (geographic limits in which the storage of Class I and Class II liquids in above-ground tanks is prohibited): R-1, R-2, R-3, R-4, M-1, and M-2 Zoning Districts.
Section 3506.2 (geographic limits in which the storage of flammable cryogenic fluids in stationary containers is prohibited): R-1, R-2, R-3, R-4, M-1, and M-2 Zoning Districts.
Section 3804.2 (geographic limits in which the storage of liquefied petroleum gas is restricted for the provision of heavily populated or congested areas): R-1, R-2, R-3, R-4, M-1, and M-2 Zoning Districts.
(Ord. 4060. Passed 7-20-15.)
(Ord. 4060. Passed 7-20-15.)