CHAPTER 5 CODE ENFORCEMENT PART 1 BOCA FIRE PREVENTION CODE §5-101.

Fire Prevention Code Adopted with Changes PART 2 INTERNATIONAL PROPERTY MAINTENANCE CODE

§5-201. §5-202. §5-203. §5-204.

Adoption of International Property Maintenance Code Revisions Penalty Provisions to be Continuation of Existing Regulations PART 3 UNIFORM CONSTRUCTION CODE

§5-301. §5-302. §5-303. §5-304. §5-305. §5-306.

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General Adoption of Uniform Construction Code Administration and Enforcement Board of Appeals Existing Ordinances Fees

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(5, PART 1) PART 1 BOCA FIRE PREVENTION CODE §5-101. Fire Prevention Code Adopted With Changes. The BOCA Basic Fire Prevention Code/1975, Third Edition, which is annexed hereto and made a part hereof as though fully set forth is hereby ordained, enacted and adopted including the table of contents and Appendices A, B and C as the Fire Prevention Code for the City of Hermitage with the following modifications and additions: A.

Article 1, Section F-100.1, shall read as follows: These regulations as set forth herein shall be known as the Fire Prevention Code of the City of Hermitage and are herein referred to as such or as “this Code” and the City of Hermitage is herein referred to by name or as “the jurisdiction.”

B.

Article 1, Section F-101.4, shall read as follows: The planning, design and construction of new buildings and structures providing for the necessary egress facilities, fire protection and built-in fire protection equipment shall be controlled by the building code of the jurisdiction and any alterations, additions or changes in buildings required by the provisions of this Code which are within the scope of the building code shall be made in accordance therewith. All new commercial, industrial and other structures which require a Department of Labor and Industry certificate of occupancy shall have their plans reviewed by the Fire Marshal prior to the issuance of a building permit.

C.

Article 1, Section F-101.5, shall read as follows: The provisions of this Code shall apply equally to all new and existing structures or conditions, except that existing structures and conditions not in compliance with the terms of this Code shall be permitted to continue where the exceptions do not in the opinion of the Fire Marshal constitute a distinct fire hazard or imminent danger to life, property or health and welfare of the community. Where such distinct conditions are existing, the property owner shall have a period of one year after date of notification by the Fire Marshal to eliminate and correct said deficiencies to comply with the Fire Prevention Code standards.

D.

Article 1, Section F-102.1, shall read as follows: It shall be the duty and responsibility of the Fire Marshal and/or his appointed line officers, municipal inspectors and police officers and such other officers designated by the Board of Commissioners of Hermitage to enforce

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CODE ENFORCEMENT the provisions of the Fire Prevention Code as herein set forth. The designated enforcement officers of this Code are herein referred to as the “fire official.” E.

Article 1, Section F-102.2, shall read as follows: The fire official may inspect all public structures and premises and those with occupancy certificates from the Department of Labor and Industry and dwelling units in two family and multifamily dwellings and all rental income property and apartment units. The right of inspection granted herein shall not apply to private, single family dwelling residences unless they are rental or apartment dwellings. The purpose of the inspection shall be for ascertaining and causing to be corrected any condition liable to cause fire, contribute to the spread of fire, interfere with firefighting operations, endanger life or any violation of the provisions or of this Code or any other ordinance affecting fire safety.

F.

Article 1, Section F-102.4, shall read as follows: The Fire Marshal shall keep a record of all fires and all facts concerning the same, including investigation findings and statistics and information as to the cause, origin and the extent of such fires and the damage caused thereby.

G.

Article 1, Section F-104.1, shall read as follows: Any person aggrieved by any decision or interpretation by the fire official made under the provisions of this Code may file for a hearing before the Board of Appeals. [Ord. 3-84]

H.

Article 1, Section F-105.5, shall read as follows: If the notice of violation is not complied with within the time specified by the fire official, he shall request the legal counsel of the jurisdiction to proceed with appropriate legal proceedings to restrain, correct or abate such 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 pursuant thereto. The Fire Marshal and the Police Department of Hermitage shall make arrests for any offense against this Code or orders of the fire official affecting the immediate safety of the public.

I.

Article 1, Section F-105.1, shall read as follows: F-105.5.1. Penalties. Any person, firm or corporation who shall violate any provision of this Part or fails to comply with any order issued pursuant to this Part shall be, upon conviction thereof, sentenced to pay a fine of not less than $5 nor more than $1,000 plus costs and, in default of payment of said 5-4

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(5, PART 1) fine and costs, to a term of imprisonment not to exceed 30 days. Each day that a violation continues shall be construed as a separate offense. [Ord. 1198] J.

Article 2, Section F-201.0, shall be included to read as follows: F-201.0. Fire Marshal. Fire Marshal shall mean the Fire Marshal and/or his appointed line officer.

K.

Article 3, Section F-301.1, shall read as follows: Burning of rubbish shall be prohibited except in an approved burner. Outdoor fires may be permitted only under the following conditions and subject to air pollution laws adopted by the City. Burning hours shall exist only between the hours of 6:00 a.m. and 12:00 noon, except that burning shall be permitted from 12:00 noon until 6:00 p.m. provided that the fire or burning shall be at least 300 feet away from any residence or occupied building, and then only if the material being burned represents normal accumulation of Class A debris. No burning shall be permitted on Sundays or national holidays. Burning of tires, garbage, leaves or other materials which cause noxious or offensive smoke or odors is not permitted. All burning shall be done in a container or enclosure approved by the Department of Fire/Rescue. [Ord. 11-98]

L.

Article 3, Section F-301.2 shall read as follows: No person shall authorize or kindle or maintain any fire on any premises without first having obtained a permit from the fire official except for the burning of normal household combustibles of Class A debris in residential zones. All permits shall be requested by and issued to the owner of the land upon which the fire is to be kindled.

M.

Article 3, Section F-301.3, shall read as follows: F-301.3. Location and Manner Restricted. No person shall authorize or kindle or permit to burn any fire which is:

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(1)

No located in an approved burner at least 15 feet from any structure or property line.

(2)

Not attended.

(3)

Kindled when the wind or other factors are such as to cause a hazardous or unsafe condition.

(4)

Kindled without there being provided manpower and/or equipment to immediately extinguish the fire if it should become necessary.

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CODE ENFORCEMENT N.

Article 4, Section F-407.2.3, shall read as follows: In all motels, hotels, dormitories, lodging houses, apartment dwellings, institutions, day care centers and homes for the aged or infirmed at least one fire extinguisher shall be provided one each floor at the stairway landing and/or in the corridor of each elevator or bank of elevators.

O.

Article 4, Section F-408.4, shall be included to read as follows: F-408.4. Automatic Alarm Systems. Combination automatic heat/smoke sensors shall be installed with Department of Fire/Rescue approval, in all motels, hotels, dormitories, lodging houses, apartment dwellings, institutions, day care centers and homes for the aged or infirmed which have a common interior corridor for egress from the structure. Installation shall be in accordance with nationally accepted standards. [Ord. 11-98]

P.

Article 4, Section F-408.5, shall be included to read as follows: F-408.5. Local In-House Fire Alarm Systems. Every motel, hotel, dormitory, lodging house, apartment dwelling, institution, day care center and home for the aged or infirmed or any other structure which in the opinion of the Fire Marshal has a high life hazard shall be equipped with a manual type fire alarm pull-box system, the type and installation of which shall be in accordance with approved national standards.

Q.

Article 5, Section F-503.6, shall be included to read as follows: F-503.6. Dwelling and Unit Address Numbers. Apartment unit complexes, mobile home parks and other residential or commercial complexes shall have posted on each dwelling unit or structure an identifying number readily visible from the adjacent roadway. All such numbers and names of identification shall be attached in contrasting color to the structure and shall meet the approval of the Fire Marshal.

R.

Article 6, Section F-603.2, shall read as follows: Exitways from applicable facilities shall be maintained in compliance with Article 5 of this Code except that all landing areas located on buildings shall have at least two independent exitways, properly identified and enclosed with adequate fencing.

S.

Article 13, Section F-1301.3, shall read as follows: The storage or burning of shavings, sawdust and refuse material shall be permitted only under or in boilers and furnaces or incinerators or refuse burners safely constructed and located at least 15 feet away from any occupied structure. All stacks shall be provided with spark arresters having

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(5, PART 1) openings not greater than 3/4 inch and shall be maintained in good repair at all times. T.

Article 20, Section F-2001.5, shall be included to read as follows: F-2001.5. Fire Suppression Equipment. All facilities operating under this Part shall have proper fire suppression equipment as recommended and approved by the Fire Marshal.

U.

Article 28, Section F-2800.2, shall read as follows: A permit shall be obtained from the Fire Marshal for the display, sale or discharge of fireworks at least 15 days prior thereto.

V.

Article 31, Section F-3104.2, shall read as follows: All liquefied petroleum storage tanks, excluding residential installation, shall be mounted on a firm and solid foundation, enclosed by fencing or other security measures, with access being limited to only authorized personnel.

W.

Article 31, Section F-3104.3, shall read as follows: Every tank used for the transportation or storage of liquefied petroleum gas shall be marked on all sides, visible to the public with the letters at least three inches high, painted in a sharply contrasting background with the wording being either “flammable compressed gas,” “flammable gas,” “liquefied petroleum gas,” “butane” or “propane” as appropriate.

(Ord. 6-76, 8/11/1976, §1; as amended by Ord. 3-84, 3/14/1984; by Ord. 6-90, 7/11/1990; and by Ord. 11-98, 9/23/1998)

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(5, PART 2) PART 2 INTERNATIONAL PROPERTY MAINTENANCE CODE §5-201. Adoption of International Property Maintenance Code. That a certain document, three copies of which are on file in the office of the City Secretary of the City of Hermitage, being marked and designated as the International Property Maintenance Code, as published by the International Code Council, be and is hereby adopted as the Property Maintenance Code of the City of Hermitage, Mercer County, Pennsylvania for regulating and governing the conditions and maintenance of all property, buildings and structures; by providing the standards for supplied utilities and facilities and other physical things and conditions essential to ensure that structures are safe, sanitary and fit for occupation and use; and the condemnation of buildings and structures unfit for human occupancy and use, and the demolition of such existing structures as herein provided; providing for the issuance of permits and collection of fees therefore; and each and all of the regulations, provisions, penalties, conditions and terms of said Property Maintenance Code on file in the office of the City of Hermitage are hereby referred to, adopted, and made a part hereof, as if fully set out in this ordinance, with additions, insertions, deletions and changes, if any, prescribed in §5-202 of this Part. (Ord. 21-2005, 12/21/2005, §1) §5-202. Revisions. The following sections are hereby revised: Section 101.1. Section 103.6.

Title. Fees.

Section 111.2. Section 111.2.1. Section 302.4. Section 302.8.

Membership of board. Alternate members. Weeds. Motor Vehicles.

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Insert: City of Hermitage Insert: The appropriate fees shall be established from time to time by resolution of the Hermitage Board of Commissioners. Deleted Deleted Deleted Insert: Exception: An inoperative or unlicensed motor vehicle can be parked, kept or stored inside a structure or similarly enclosed area designated and approved for such purposes. Insert: Exception: An unlicensed motor vehicle, lawfully offered for public sale, can be parked on any premises where such activity is permitted by the City of Hermitage. 5-9

CODE ENFORCEMENT Section 303.14. Section 602.3. Section 602.4.

Insect Screens. Heat Supply. Occupiable work spaces.

Insert: January 1 to December 31. Insert: January 1 to December 31. Insert: January 1 to December 31

(Ord. 21-2005, 12/21/2005, §2) §5-203. Penalty. Any person who shall violate a provision of this code shall be, upon conviction, sentenced to a fine of not more than $1,000 plus costs and, in default of payment of said fine and cost, to a term of imprisonment not to exceed 30 days. Each day that a violation continues after due notice has been served shall be deemed a separate offense. (Ord. 21-2005, 12/21/2005, §5) §5-204. Provisions to be Continuation of Existing Regulations. That nothing in this Part or in the Property Maintenance Code hereby adopted shall be construed to affect any suit or proceeding impending in any court, or any rights acquired, or liability incurred, or any cause or causes of action acquired or existing, under any act or ordinance hereby repealed as cited in §5-202 of this Part, nor shall any just or legal right or remedy of any character be lost, impaired or affected by this Part. (Ord. 21-2005, 12/21/2005, §6)

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(5, PART 3) PART 3 UNIFORM CONSTRUCTION CODE §5-301. General. The city of Hermitage hereby elects to administer and enforce the provisions of the Pennsylvania Construction Code, Act 45 of 1999, 35 P.S. §§7210.101 — 7210.1103, as amended from time to time, and its regulations. (Ord. 4-2004, 6/23/2004, §1) §5-302. Adoption of Uniform Construction Code. The Uniform Construction Code, contained in 34 Pa. Code, Chapters 401-405, as amended from time to time, is hereby adopted and incorporated herein by reference as the municipal building code of the City of Hermitage. (Ord. 4-2004, 6/23/2004, §2) §5-303. Administration and Enforcement. Administration and enforcement of the Code within the City of Hermitage shall be undertaken in any of the following ways as determined by the Board of Commissioners of the City of Hermitage from time to time by resolution. A.

By the designation of an employee of the City of Hermitage to serve as the municipal code official to act on behalf of the City of Hermitage.

B.

By the retention of one or more construction code officials or third-party agencies to act on behalf of the City of Hermitage.

C.

By agreement with one or more other municipalities for the joint administration and enforcement of this Act through an intermunicipal agreement.

D.

By entering into a contract with another municipality for the administration and enforcement of this Act on behalf of the City of Hermitage.

E.

By entering into an agreement with the Pennsylvania Department of Labor and Industry for plan review, inspections and enforcement of structures other than one family or two family dwelling units and utility and miscellaneous use structures.

(Ord. 4-2004, 6/23/2004, §3)

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CODE ENFORCEMENT

§5-304. Board of Appeals. A Board of Appeals shall be established by resolution of the Board of Commissioners of the City of Hermitage in conformity with the requirements of the relevant provisions of the Code, as amended from time to time, and for the purposes set forth therein. If at any time enforcement and administration is undertaken jointly with one or more other municipalities, said Board of Appeals shall be established by joint action of the participating municipalities. (Ord. 4-2004, 6/23/2004, §4) §5-305. Existing Ordinances. 1.

All building code ordinances or portions of ordinances which were adopted by the City of Hermitage on or before July 1, 1999, and which equal or exceed the requirements of the Code shall continue in full force and effect until such time as such provisions fail to equal or exceed the minimum requirements of the Code, as amended from time to time.

2.

All building code ordinances or portions of ordinances which are in effect as of the effective date of this ordinance and who requirements are less than the minimum requirements of the Code are hereby amended to conform with the comparable provisions of the Code.

3.

All relevant ordinances, regulations and policies of the City of Hermitage not governed by the Code shall remain in full force and effect.

(Ord. 4-2004, 6/23/2004, §5) §5-306. Fees. Fees assessable by the City of Hermitage for the administration and enforcement undertaken pursuant to this Part and the Code shall be established by the Board of Commissioners of the City of Hermitage by resolution from time to time. (Ord. 4-2004, 6/23/2004, §6)

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