|
WEST VINCENT TOWNSHIP PRIVATE FIRE PREVENTION ORDINANCE |
||
|
ORDINANCE NO. 57 OF 1990 AS AMENDED BY ORDINANCE NO. 68 OF 1992, ORDINANCE NO. 70 OF 1995, AND ORDINANCE NO. 83 OF 1997
WHEREAS, a Fire Prevention Ordinance is needed in the Township of West Vincent, Chester County, Pennsylvania in order to protect life, property, and the public health, safety, and welfare, and
WHEREAS, A Fire Prevention Ordinance is within the police power of West Vincent Township, and
WHEREAS, a Fire Prevention Ordinance is within the powers delegated to West Vincent Township under and through the Second Class Township Code of the Commonwealth of Pennsylvania,
NOW, THEREFORE, BE IT ADOPTED, ENACTED, AND ORDAINED and it is hereby adopted, enacted, and ordained by the Board of Supervisors of West Vincent Township the following Fire Prevention Ordinance:
SECTION ONE: A Fire Prevention Code consisting of Parts A through L, inclusive, with all the sub-parts as set forth below is hereby adopted, enacted, and ordained.
A. OUTDOOR BURNING. Outdoor burning of rubbish, waste material, leaves, brush, grass, wood, and other materials shall be permitted only under the following conditions:
1. The burning of paper, rubbish, or other waste materials outdoors shall be confined within a completely enclosed container, incinerator, fireplace, or grill at least fifty (50) feet from a building unless there is an extinguishing agent present, and someone of responsibility in attendance during the burning. Incinerators, fireplaces, or grills which are constructed as part of a building and meet the requirement of the Township Building Code are excluded from the fifty (50) foot requirement. Perforations, openings, or screenings for venting, but prohibiting burning particles or ash from being discharged, are permitted.
2. The burning of leaves, brush, grass, wood, or other material outdoors shall be confined within an enclosure meeting the requirement of Section A.1. above or, if an open fire:
a. The Fire Department, via County Fire Board, shall be called and notified of the controlled burning;
b. Burning shall be conducted between the hours of sunrise and sunset;
c. Burning shall be at least fifty (50) feet from a building and from a property line; burning less than fifty (50) feet from a property line may be permitted by the Fire Chief if notification has been provided to the adjoining property owner;
d. There shall be a cleared area having a radius of fifteen (15) feet around the fire;
e. There shall be a responsible party eighteen (18) years of age or over in attendance at all times during the burning;
f. There shall be an extinguishing agent present and readily available during the burning.
3. The burning of leaves brush, paper, rubbish, or other material shall be prohibited within five (5) feet of any roadway or curb, or within five (5) feet of a utility pole or utility equipment.
4. The kindling of any fire upon the land of another, without the permission of the owner thereof, shall be prohibited; such permission, except in the case of a family member or employee, shall be in writing.
5. Outdoor fires shall be prohibited when a ban on such fires has been publicly announced by the Board of Supervisors or the Commonwealth of Pennsylvania in a time of drought.
6. Any fire on public or private property may be extinguished by the local Fire Company having jurisdiction, either with or without the consent of the landowner or person in charge if, in the opinion of the Fire Chief or a police officer of West Vincent Township, such fire is being conducted in an unsafe manner or constitutes a danger to persons or property.
7. No one shall maintain any contained or uncontained fire which interferes with the reasonable enjoyment of life and property of their neighbors. Said fire shall be extinguished immediately upon demand of a West Vincent Township police officer, an official of West Vincent Township, or their agents.
8. The burning of tires, hazardous materials, or plastic materials which create noxious or poisonous fumes or gases shall be prohibited.
9. Per Subsection 129.14, Chapter 129, Title 25 of the Pennsylvania Code, the outdoor burning of non-residential refuse, excluding agricultural refuse, is prohibited, including the burning of construction or demolition materials or wastes by commercial establishments or businesses, and individuals employed as contractors and builders. The outdoor burning of clearing and grubbing wastes is permitted if conducted in accordance with the requirements contained in Subsection 129.14(d), Chapter 129, Title 25 of the Pennsylvania Code. (Amended 10/26/92 per Ordinance #68)
10. Nothing in this ordinance shall prohibit any fire maintained solely for the purpose of fire-fighter training, provided however, that said fire officials shall ensure that no noxious fumes be emitted, and that any flying debris be extinguished. Said Fire Department officials shall notify the Township five (5) days prior to such training session.
B. FIRE HYDRANTS. Where required by the West Vincent Township Subdivision and Land Development Ordinance, fire hydrants shall be provided in new or existing real estate subdivisions, on new and existing streets, in shopping centers, educational institutions, apartment complexes, and similar occupancies at the direction of the Fire Chief having jurisdiction, who shall consult with an approved rating bureau directly such installations.
All fire hydrants shall be red in color with the bonnets a reflective white color; a band shall mark the flange connection at the bonnet with the flow rating of the hydrant. All fire hydrants will be marked for easy finding by the Fire Department with a blue reflective cats-eye located in the middle of the roadway, and a specific size sign located at the discretion of the Fire Marshall, which shall be reflective white highlighted by a blue picture of a fire hydrant.
Fire hydrants shall adhere to the following specifications:
1. 4 1/2" V.O.A. - 24009-17 hydrants, with two 1 1/2" N.S.T. couplings, one 4 1/2" pumper nozzle F-547, one 9/16" pent nut open right and either 6" hub shoe or 6" mech jt. shoe.
2. All hydrants will sit at least 18" above the curb line with setback no more than 24" from the curb or roadway edge. There shall be no obstructions to the access of any fire hydrant, unless approved by the Fire Chief having jurisdiction.
C. BLOCKING FIRE HYDRANTS AND FIRE DEPARTMENT CONNECTIONS. It shall be unlawful to park within fifteen (15) feet of or restrict the access to any fire hydrant or any Fire Department connection for the pressurization of fire suppression systems, including fire hydrants and Fire Department connections that are located on public or private streets and access lanes or on private property. Any vehicle blocking access to or parked within fifteen (15) feet of a fire hydrant or Fire Department connection shall be subjected to a parking citation and may be removed by towing at the order and under the direction of the Fire Chief having jurisdiction, Chief of Police, or any uniformed officer of the Police Department.
D. DESIGNATION OF FIRE LANES. Whenever the Fire Chief having jurisdiction, in conjunction with the Chief of Police when necessary, shall determine that the parking of motor vehicles upon any public or private street, lane, alley, or any private parking area including, but not limited to, apartment complexes, schools, commercial complexes, institutions, shopping centers, or other private parking areas, is liable to interfere with the operation of the Fire Department or seriously hamper egress of occupants from buildings in case of fire, he shall designate the areas to be established as a fire lane. Fire lanes shall be of sufficient width to permit the ingress, egress, and mobility of emergency fire equipment. In the case of private property, within ten (10) days from the notice of such designation of a fire lane or lanes to the property owner or the owner of any buildings located within the property, the owner shall, at his expense, post the areas so designated with signs identifying the areas as fire lanes and specifically prohibiting all stopping, standing, or parking within these fire lanes. Such signs shall be of such specifications as the Fire Chief shall direct and shall read:
"NO PARKING BY ORDER OF THE FIRE DEPARTMENT"
Parking lines identifying the area as a fire lane shall be provided by the owner. The stopping, standing, or parking of any vehicle within the emergency fire lanes established herein shall be and is hereby expressly prohibited. No person shall park, allow to be parked, or leave standing any vehicle within any fire lane established and created pursuant to the provisions of this ordinance. Any vehicle parked within such emergency fire lane at any time shall be subjected to a parking ticket and may be removed by towing at the order of the Fire or Police Department.
E. TRAFFIC CONTROL. All new traffic control devices and existing devices which are replaced, expanded, relocated, or otherwise altered shall be equipped with pre-emption or opticom signal devices. The installer/applicable party which has caused such replacement, expansion, relocation, or alteration shall be responsible for bearing the cost of installation of this equipment. (Amended 4/24/95 per Ordinance #70)
F. On all existing and new construction of commercial and industrial principal buildings which will or are intended to be used and/or occupied by humans and which are alarmed, a key box rapid entry system shall be installed for the access of the Fire Department, according to the specifications of the Fire Chief. Such specifications shall include, but not limited to, an inventory or list of contents required to be stored in the key box system. (Amended 10/13/97 per Ordinance #83)
G. All new multi-family dwellings and new commercial, industrial, and institutional buildings shall be installed with an automatic sprinkler system in accordance with the National Protection Association standards 13 and 13D as they now exist and as the same may be amended in the future, and the following additional standards: (Amended 4/24/95 per Ordinance #70)
1. All sprinkler systems shall be connected to a smoke detection system, a.c. powered with battery backup, and an exterior audible alarm system. If the structure contains a central station alarm system, the sprinkler system shall be connected to the alarm system.
2. All sprinkler systems shall be installed by a fire protection sprinkler company registered in the Commonwealth of Pennsylvania, or by a licensed plumber.
3. Property owners are required to maintain sprinkler systems in full operating condition per NFPA 13A, Recommended Practice for the Inspection, Testing, and Maintenance of Sprinkler Systems. Contractors shall provide property owners with copies of NFPA 13A and any other appropriate operating and maintenance information.
4. Sprinkler systems shall be inspected on an annual basis by the Fire Company serving the property or by an independent inspector to ensure proper maintenance and system performance. The Fire Company shall be responsible for maintaining all records, including inspection reports and maintenance schedules.
5. In addition to the location requirements contained in NFPA 13 and 13D, all attics shall be sprinklered.
6. Sprinkler system requirements are applicable to structures/occupancies serviced by either public water or individual on-lot well systems. If serviced by an individual on-lot well, the required storage capacity or supply for the sprinkler system may be eliminated if the sprinkler system is constructed with and connected to an exterior standpipe which is accessible to fire apparatus/equipment in the event of a fire. The specifications and design of such standpipe shall be compatible to Fire Company apparatus and equipment and shall be approved by the Fire Company. (Amended 4/24/95 per Ordinance #70)
7. Alternate standards - In lieu of an automatic sprinkler system, the following additional construction standards shall be required:
a. All corridors shall be fire rated.
b. All interior walls shall be a minimum 5/8" drywall of one hour fire rated.
c. Open stairwells shall be prohibited.
d. All interior doors shall be self-closing.
e. Draft stopping of floor and attic areas shall be provided so that horizontal areas do not exceed five hundred (500) square feet.
8. Appeal - The Board of Supervisors may waive the requirements of this section as to any building permit for a residential unit if it is shown on verified application of the developer that:
a. Compliance with this section as to the dwelling unit described in the application for building permit would be physically impossible or economically infeasible; and
b. The physical impossibility or economic unfeasibility is the direct result of subdivision or land development plan approval prior to the effective date of this section; or is the direct result of the inability of the approved public water supplier to deliver adequate volume or pressure to the unit; or is the direct result of contractual obligations of the developer to the purchaser of the unit consummated prior to the effective date of this section; and
c. There are no physically possible and economically feasible alternative means to provide substantially equivalent fire suppression to the unit whether or not the alternative means are in complete compliance with this section.
It is further provided that in the event that the Board of Supervisors determines the existence of the factors specified in paragraphs a. and b. above but further determines the existence of alternative means of providing fire suppression as described in paragraph c., then the building permit may be issued subject to the condition that an alternative means of fire suppression be employed; the said alternative means to deviate from the requirements of this section to the minimum extent necessary to render the same physically possible and economically feasible.
9. These provisions shall be effective for all building permit applications received after December 31, 1990.
H. MARKING OF HOUSES. All structures/houses within the Township shall be readily identified by marking of the structure with reflective material in one of the applicable manners:
1. On occupancies with mailboxes at the end of the driveways, numbers/letters of at least three (3) inches will be placed on each side of the mailbox or support post.
2. On occupancies without mailboxes at the end of the driveway, numbers/letters of at least three (3) inches will be placed over the doorway, and must be visible from the center of the roadway.
3. On those occupancies with long driveways and no mailboxes, a marker or post of noticeable size shall be placed at the driveway entrance with the house number at least three (3) inches high marked on it for identification.
I. SMOKE DETECTORS - SPECIAL APPLICATION. In conjunction with the already existing sections of the Township Building Code that governs the installation of smoke detectors in new occupancies, the following amendments are added:
1. In homes built prior to 1985, upon sale of said unit and before settlement is made, detectors must be installed in the dwelling. A.C. powered units with battery backup are required and must be installed according to code requirements.
2. All rental properties, apartments, and apartment buildings, regardless of building date, will be retrofitted with smoke detectors. A.C. powered units with battery backup are required and must be approved by the Fire Chief having jurisdiction prior to installation within one (1) year of the effective date of this ordinance.
J. BURGLAR AND FIRE ALARMS.
1. Definitions - The following definitions shall apply in the interpretation and enforcement of this section:
Alarm Supplier: The business by any individual, partnership, corporation, or other entity of selling, leasing, maintaining, servicing, repairing, altering, replacing, moving, or installing any alarm system or causing any alarm system to be sold, leased, maintained, serviced, repaired, altered, replaced, moved, or installed in or on any building, structure, or facility.
Alarm System: Any assembly or equipment, mechanical, electrical, or battery operated, arranged to signal the occurrence of a police, fire, hazard, or medical emergency requiring urgent attention and to which police or fire units are expected to respond.
Answering Service: A service whereby trained employees, in attendance at all times, receive prerecorded voice messages from automatic dialing devices reporting an emergency at a stated location, where such employees have the duty to relay immediately by live voice any such emergency message over a trunk line to the communications center of the Police or Fire Department.
Audible Alarm: Any device, bell, horn, or siren which is attached to the interior or exterior of a building, structure, or facility and emits a warning signal audible outside the building, structure, or facility and is designed to attract attention when activated by a criminal act or other emergency requiring police or fire department response.
Automatic Dialing Device: A devise which is interconnected to a telephone line and is programmed to transmit a signal by a voice or coded message that indicates that an emergency condition exists and the need for an emergency response is required.
Central Station: A protective system or group of such systems operated privately for customers by a person, firm, or corporation which accepts recorded messages from automatic dialing devices at a central station having operators and guards in attendance at all times who have the duty to take appropriate action upon receipt of a signal or message, including the relaying of messages to the communications center of the Police or Fire Department
Chief of Police: The administrative head of the West Vincent Township Police Department.
Emergency: A police, fire, hazard, or medical emergency.
False Alarm:
a. An alarm activated in the absence of an emergency whether willfully or by inadvertence, negligence, or unintentional act, including the malfunction of the alarm system, to which the West Vincent Township Police Department or Fire Department responds. The definition excludes alarms caused by malfunctions of the Chester County D.E.S. receiving equipment if such alarm is directly connected to the alarm board; testing or repairing of telephone or electrical lines or equipment outside the premises; acts of God, such as earthquake, flood, windstorm, thunder or lightning; an attempted illegal entry of which there is visible evidence; a crime in progress; or, in the case of an emergency medical alarm, an actual medical emergency requiring police, fire and/or medical personnel. If doubt exists as to the cause of the false alarm, the Chief of Police or his designee shall make a decision regarding the circumstances of the activation.
b. Multiple alarms received by the Police Department or Fire Department before the system can be deactivated within a reasonable period of time shall be considered a single alarm.
c. The definition of a false alarm also includes the intentional activation of a holdup alarm for other than a holdup in progress, the intentional activation of a burglary alarm for other than a burglary, the intentional activation of a medical alarm for other than a medical emergency, or the intentional activation of a fire alarm for other than a fire or hazard.
Fire Department: The Ludwigs Corner Fire Company, Ridge Fire Company, or Kimberton Fire Company.
Fire Emergency: A fire.
Hazard Emergency: An explosion, leak of toxic gas, liquid, or solid, or a potential explosion or leak.
Intermediary: A central station protective system or an answering service as herein defined.
Key: To use a telephone line and equipment for transmitting a message either directly or indirectly by an automatic dialing device.
Medical Emergency: An emergency involving the health of a person.
Permit: Written permission duly granted to an applicant by the Township upon payment of the required fee.
Police Department: The Police Department of the Township of West Vincent.
Police Emergency: An incident requiring prompt response by the Police Department.
Police and Fire Communications Center: The police and fire communications rooms and other rooms which house communications equipment and the police radio dispatcher.
Township: The Township of West Vincent, Chester County, Pennsylvania.
Trunk Line: A telephone line leading into the communication centers of the Police and Fire Departments that is for the purpose of handling calls on a person to person basis and which is identified by a specific listing among the white pages in the telephone directory issued by the telephone company.
2. Alarms without timing mechanisms prohibited - on and after the effective date of this ordinance, owners or users of audible alarms must equip such audible alarms with a timing mechanism that will disengage the audible alarm after a maximum of fifteen (15) minutes. Audible alarms without such a timing mechanism shall be unlawful in the township and must be disconnected by the owner or user within sixty (60) days from the effective date of this ordinance.
3. Listing of Installations
a. Every Alarm Supplier installing an alarm system in the Township, after the effective date of this Ordinance, shall, within ninety (90) days, furnish to Chester County D.E.S., Chief of Police, and the Fire Chief having jurisdiction the following information:
(1) The name, residence, and telephone number of the owner or user. (2) The address where the device is installed, the telephone number at that address, including directions, and a description of the property. (3) The name, address, and telephone number of any other person or firm who is authorized to respond to an emergency and gain access to the address where the device is installed. (4) The name and telephone number of any person, firm, or corporation, if any, other than the alarm supplier, who is responsible for maintenance and repair of the system. (5) The type of alarms and alarm system.
b. Users of alarm systems devices whose devices were installed prior to the effective date of this Ordinance shall, within sixty (60) days after such enactment, supply the Chief of Police and Fire Chief having jurisdiction with the information specified in Subsection 3.a. above.
c. All information furnished pursuant to this section shall be kept confidential and shall be for the authorized use of the Police or Fire Department only.
4. The following provisions shall apply to all alarm systems installed on or after the effective date of this Ordinance:
a. Direct keying of Automatic Dialing Devices - On and after the effective date of this ordinance, all automatic dialing devices shall be keyed to the Chester County Department of Emergency Services Radio Room.
b. Each alarm supplier that installs one or more alarm system in the Township shall make service available directly or through an agent on a twenty-four (24) hour per day basis, seven (7) days a week, to repair such devices and to correct malfunctions as they occur. Any person using an alarm system shall make arrangements for service to be available for such device on a twenty-four (24) hour per day, seven (7) day per week basis.
c. Technical Information - Each Alarm Supplier who, after the effective date of this ordinance, sells or leases in the Township an alarm system shall furnish operating instructions and manual to the buyer or lessee.
d. Inspection of Devices:
(1) The public safety requires that the incidence of false alarms and malfunctioning automatic dialing devices be kept to a minimum so as to reduce unnecessary calls to the Police and Fire Departments and to increase the effectiveness of properly functioning alarm systems. In order to enforce this and to reduce the incidence of false alarms and malfunctioning alarm systems it is necessary that appropriate Township officials have the right to inspect the installation and operation of any alarm system installed in the Township.
(2) All such entries upon the premises where an alarm system is installed and all such inspection of the installation and operation of alarm systems shall be at reasonable times and upon reasonable notice, exception emergency situations.
e. Conformance with Installation, Inspection , and Testing Standards - Every Alarm Supplier selling, leasing, or furnishing to any user, or a user who privately installs an alarm system which is located on premises within the Township shall:
(1) Be permitted to install only equipment that is listed by Underwriter's Laboratories, Inc. as being electrically safe and meeting the Township requirements for the alarm system. Wiring for the alarm system must conform with all applicable Township codes.
(2) Be required to cause each alarm system installed to be provided with stand-by battery power which shall automatically and immediately take over in the event of a power failure.
(3) Be required to install equipment in such a way as to neutralize electrical surges on the alarm system.
(4) Be required to deactivate any alarm system within a reasonable period of time when multiple false alarms are received.
f. Notification preceding Device Testing - No person shall conduct any test or demonstration of any alarm system or other alarm system without first notifying the Township Police or Fire radio network, as applicable.
g. Alarm Supplier to furnish copy of Law - Alarm Suppliers and installers shall furnish at their own expense, at or prior to the time of contracting, a copy of this ordinance to owners, lessees, or users of the equipment or services to be supplied.
5. False alarms
a. Consent to pay costs; schedule of costs:
For the purposes of defraying the costs to the Police and Fire Departments of responding to false alarms, the owner, lessee, or user of any alarm system, persons using the services of an Intermediary, users of audible alarms, and users of any other kind of alarm systems or any other kind of direct or indirect connection with the Police or Fire communications center, except persons using the two-way live voice communication by telephone, shall, as a condition to installation and continued operation of such equipment or service, pay the Township for all false alarms upon the following schedule for each false alarm originating from the owner's, lessee's, or user's premises:
(1) First false alarm per calendar year: warning
(2) Second and third false alarm per calendar year: $100.00 each alarm
(3) Fourth and subsequent false alarms per calendar year: $500.00 each alarm
(Amended 10/13/97 per Ordinance #83)
b. Any owner, lessee, or user of an alarm system may revoke or refuse to consent as set forth in Subsection a. (1) above by disconnecting the alarm system. With respect to such systems installed at the effective date of this ordinance, the owner, lessee, or use can refuse or revoke the aforesaid consent by disconnecting such alarm system within ninety (90) days from the effective date of this ordinance.
c. Penalties provided for false alarms that are relayed or transmitted by an Intermediary shall be the responsibility of the owner or user of the alarm system.
d. Any police officer or fireman responding to an alarm which is determined to be false shall promptly notify the Fire Chief or Chief of Police of such alarm in writing and he shall, within five (5) days, have notification of such false alarm sent via U.S. mail to the person in whose name the alarm is registered.
e. Any alarm system which has four (4) or more false alarms within a calendar year shall be subject to the following:
(1) The Chief of Police or Fire Chief shall notify the alarm user and the alarm business providing the service or inspection to the user by first class, postage prepaid, certified mail, of such fact and direct that the user submit a report within fifteen (15) days of receipt of the notice describing actions taken or to be taken to discover and eliminate the cause of the false alarms.
(2) If the alarm user submits a report as directed, the Chief of Police or Fire Chief shall determine if the action taken or to be taken will substantially reduce the likelihood of false alarms. If he determines that the action will substantially reduce the likelihood of false alarms, he shall notify the alarm user in writing that his alarm system will not have to be disconnected at this time and that if one more false alarm occurs within the permit year, the user's system may have to be disconnected.
(3) If no report is submitted or if the Chief of Police or Fire Chief determines that the action taken or to be taken will not substantially reduce the likelihood of false alarms, the Chief of Police or Fire Chief shall give notice by first class, postage prepaid, certified mail, to the user that the system must be disconnected without further notice, if the user does not file within ten (10) days a written request for a hearing.
(4) If a hearing is requested, written notice of the time and place of the hearing shall be served on the user by the Chief of Police or Fire Chief by first class, postage prepaid, certified mail, at least ten (10) days prior to the date set for the hearing, which date shall not be more than twenty-one (21) nor less than ten (10) days after the filing of the request for hearing.
(5) The hearing shall be before a hearing officer designated by the Chief of Police or Fire Chief and the alarm user shall have the right to counsel and to present written or oral evidence, subject to the right of cross-examination. If the hearing officer determines that four (4) or more false alarms have occurred, and that the user has not taken action which substantially reduces the likelihood of false alarms, he shall issue written findings to that effect and an order requiring that the system be disconnected.
(6) An alarm user shall immediately discontinue use of his alarm system upon being notified by first class, postage prepaid, certified mail.
K. PROPANE AND GAS TANKS. Any existing or new subsurface or above-ground propane or gas (butane, natural gas, etc.) tanks used for heating or cooking, including the heating of swimming pools, shall be registered by the homeowner with the Township and the Fire Department within thirty (30) days of installation or adoption of this Ordinance, whichever is applicable. Such registration shall include information on the size and location of the tank, the location of emergency shut-off valves, the existence of any leak detection devices or alarm system, compliance with any applicable state or federal storage tank regulations, and such additional information which the Township and the Fire Department shall reasonably require. Tanks used exclusively for outdoor cooking shall be exempt from this registration requirement. (Added 4/24/95 per Ordinance #70)
L. HAZARDOUS MATERIALS AND CHEMICALS CLEAN-UP AND REMOVAL. (Added 4/24/95 per Ordinance #70)
1. Public Nuisance - West Vincent Township hereby declares as a public nuisance the storage or deposit of any hazardous material or chemical which has the substantial likelihood of causing harm or damage to any person or any personal or real property within West Vincent Township.
2. Definition of "Hazardous Materials". For purposes of this sub-part, "hazardous materials" shall mean any of the following:
a. Any substance listed in the list of toxic pollutants found in 40 D.F.R. subsection 401.15, as amended, and as the same may be further amended in the future.
b. Any substance designated as a hazardous material by applicable laws of the Commonwealth of Pennsylvania.
c. Any compressed gas, explosive, flammable liquid, flammable solid, oxidizer, poison, or radioactive material. For purposes of this Ordinance, the foregoing listed substances shall have the meanings set forth in Volume 49 of the Code of Federal Regulations, Part 173, as amended.
d. Any of the following: petroleum or petroleum products, explosives, pyrotechnics, flammable gas, flammable compressed gas, non-flammable compressed gas, flammable liquid, oxidizing material, any flammable material, poisonous gas, poisonous liquid, etiologic (biologic) agents, irritating material, material that causes diseases in humans, gas under such pressure that an explosion hazard exists, radioactive material, corrosive material, or liquefied petroleum gas.
e. Any unknown or unidentified substance or material which may be hazardous or its effects unknown.
3. Deposit of Hazardous Materials: Clean-up or Abatement
a. The Fire Chief for any fire department serving West Vincent Township and his designees within the respective fire company and/or such other persons as may be designated from time to time by the Board of Supervisors of West Vincent Township shall have the authority to notify any person or entity who unlawfully or negligently stores, releases, discharges, or deposits any hazardous material or chemical upon or onto any property, facilities, public roadway, or premises within West Vincent Township in violation of this Ordinance to clean up or abate the effects of said hazardous material. The notification shall be in writing, specifying the hazardous material identified, and specifying a time period within which the hazardous material must be cleaned up and/or abated. The Fire Chief may take such action as is necessary to supervise or verify the adequacy of the clean-up or abatement.
b. In the event any person or entity so notified fails to clean up or abate the hazardous material, the applicable fire department is authorized to clean up or abate the effects of the hazardous material unlawfully released, discharged, or deposited upon or onto any property or facility within the Township. The costs of the clean-up shall be recoverable as provided in this sub-part.
c. Notwithstanding anything in this sub-part to the contrary, the applicable fire department shall immediately clean up and abate hazardous materials without notice to any person or entity when, in the judgment of the fire department, an emergency situation exists. The costs of an emergency clean-up shall be recoverable as provided in this sub-part.
4. Liability for Costs: Included Costs
a. The person or entity responsible for the hazardous material condition shall be liable to the applicable fire department for all costs incurred as a result of supervision or verification of the clean-up, or fore the actual cost of the clean-up incurred by the fire department.
b. Costs incurred by the applicable fire department shall include, but shall not necessarily be limited to, the following: actual labor costs of fire department and Township personnel, including benefits and administrative overhead; costs of equipment operation; costs of materials obtained directly by the Township of the fire department; costs of any contract labor and materials; and the costs of disposal and remediation.
5. Responsible Persons and Entities. Those persons and entities liable for clean-up and abatement, and the costs thereof, include: (1) any person or entity whose negligent or willful act or omission cause such release, discharge, or deposit; (2) any person or entity who owned or had custody or control of the hazardous substance or the material at the time of such release, discharge, or deposit, without regard to fault or proximate cause; (3) any person or entity who owned or had custody or control of the container which held such hazardous material or substance at the time of or immediately prior to such release, discharge, or deposit, without regard to fault or proximate cause; and (4) any person or entity who owned, occupied, or had a leasehold interest in any real estate on which such hazardous materials were located or found, without regard to fault or proximate cause.
6. Enforcement. The costs incurred by the Township and/or applicable fire department shall be a municipal lien against the affected real estate and shall be collectible as a lien or as otherwise provided by law. In addition, the Township and/or applicable fire department may enforce the provisions of this sub-part by civil action in a court of competent jurisdiction for the collection of any amounts due hereunder plus attorneys' fees or for any other relief that may be appropriate.
7. Fire Suppression Services. The authority to recover and the liability for costs under this sub-part shall not include the expense of actual fire suppression services which are normally or usually provided by the applicable fire department; provided, however, the expense of fire suppression services necessitated by the effects of the hazardous material shall be recoverable under this sub-part.
8. Severability. If any term, condition, or provision of this sub-part shall, to any extent, be held to be invalid or unenforceable, the remainder hereof shall be valid in all other respects and continue to be effective.
M. VIOLATION, APPEALS, AND REMEDIES.
1. APPEALS - An appeal from any decision, action, order, or requirements of the Fire Chief or Police Chief may be taken to the Township Board of supervisors. Such appeals shall be made in writing within ten (10) days after such decision, action, order, or requirement has been made, shall be verified by affidavit, and filed with the Township Secretary. The appellant, or his representative, shall have the right to appear before the Township Board of Supervisors and be heard, if such right is requested in writing to the Board at the time of appeal. A prompt decision of such appeal shall be made by the "Appeals Board" but, in no event, more than forty-five (45) days from the date of appeal.
2. VIOLATIONS
a. Any person who shall erect, alter, or convert any building or structure contrary to the requirements of the Fire Prevention Code or this Ordinance, or, who shall fail to comply with any decision, action, order, or requirement of the Fire Chief having jurisdiction or Police Chief, who shall in any way violate any of the provisions of this Fire Prevention Code, or this Ordinance, shall be liable, on conviction thereof, to a fine or penalty not exceeding five hundred dollars ($500.00) for each and every offense; and whenever such person shall have been notified by the Fire Chief or by service of summons in a prosecution or in any other way that he or she is committing such violations of this Fire Prevention Code or this Ordinance, each day in which he shall continue such violation after such notification shall constitute a separate offense punishable by like fines or penalties and shall be collected as like fines or penalties are now by law collected. Such violations will be issued by Commonwealth Non-traffic Citations.
b. Any person who shall violate any of the provisions of Section D. insofar as it pertains to parking violations in designated Fire Lanes shall be fined a sum of fifteen (15) dollars plus court costs, costs of towing and storage of any vehicle removed as a result of a violation of Section D. of this Ordinance. Said fine to be issued on a Commonwealth Traffic Citation, and paid to the local District Court, to the use of the Township. Failure to pay the Citation will cause proceedings in accordance with the Vehicle Code of the Commonwealth of Pennsylvania to be followed. The continuation of a Parking Violation for each successive day shall constitute a separate offense, and the person or persons allowing or permitting the continuation of the violation may be punished as provided above for each separate offense.
N. CONFLICTING ORDINANCE REPEALED - VALIDITY
1. Any Ordinance or part of Ordinance inconsistent with the provisions of this Ordinance is hereby repealed to the extent of such inconsistency only.
2. Validity - Should any section or provision of this Ordinance be declared by any court of competent jurisdiction to be invalid, such decision shall not affect the validity of the Ordinance as a whole or any part thereof.
3. Whenever the work "shall" is used in this Ordinance, its use shall be deemed to be taken in the mandatory sense.
4. Interpretation - In interpreting any of the provisions of this Ordinance the following principles shall be governing:
a. This Ordinance shall not supersede any provisions of any Law of the Commonwealth of Pennsylvania or of any regulation by any department or agency of the Commonwealth by the authority of law, where such law or regulation is in conflict with or identical to this Ordinance herewith adopted. Provided, however, any provision of the Ordinance herewith adopted that is stricter than or in addition to any state law or regulation governing a particular subject to activity shall be in effect and shall be enforced within the Township of West Vincent, subject to the penalties herein prescribed for violation of the Ordinance hereby adopted.
b. Mention in or regulation by this Ordinance hereby adopted of any specific use of property or of any business or industry shall not in itself authorize such use for the property or the establishment or carrying on of any such business or industry in the Township of West Vincent. It is hereby declared the intent of the Board of Supervisors of West Vincent Township that permitted or prohibited uses of property shall be as governed by the Zoning Ordinance of West Vincent Township, as amended or supplemented.
|
||