TOWNSHIP OF HARBORCREEK. Ordinance No

TOWNSHIP OF HARBORCREEK Ordinance No. 72-58 A FIRE PREVENTION ORDINANCE ADOPTING THE AMERICAN INSURANCE ASSOCIATION FIRE PREVENTION CODE, AS AMENDED 1970, PRESCRIBING REGULATIONS GOVERNING CONDITIONS HAZARDOUS TO LIFE AND PROPERTY FROM FIRE OR EXPLOSION, AND DEFINING THE POWERS AND DUTIES OF FIRE DEPARTMENT PERSONNEL WITH-IN THE INTENT OF THIS ORDINANCE. Be it ordained by the Supervisors of Harborcreek Township, Erie County, Pennsylvania: Section 1. ADOPTION OF FIRE PREVENTION CODE There is hereby adopted by the Township of Harborcreek for the purpose of prescribing regulations governing conditions hazardous to life and property from fire or explosion, that certain code known as the Fire Prevention Code recommended by the American Insurance Association, being particularly the 1970 edition thereof and the whole thereof, save and except such portions as are hereinafter deleted, modified or amended (by Section 6 of this Ordinance), of which code not less than three (3) copies have been and now are filed in the office of the Secretary of Harborcreek Township and the same are hereby adopted and incorporated as fully as if set out at length herein, and from the date on which this Ordinance shall take effect, the provisions thereof shall be controlling within the limits of the Township of Harborcreek. The following is a summary of the principal provisions of the Fire Prevention Code: 1. General Provisions 2. Automobile Tire Rebuilding Plants 3. Automobile Wrecking Yards, Junk Yards and Waste Material Handling Plants 4. Bowling Establishments 5. Cellulose Nitrate Motion Picture Film 6. Cellulose Nitrate Plastics ( Pyroxylin ) 7. Combustible Fibres, Storage and Handling of 8. Compressed Gases 9. Dry Cleaning Plants 10. Dust Explosions, Prevention of 11. Exit Ways, Maintenance of 12. Explosives, Ammunition and Blasting Agents 13. Fireworks 14. Fire Protection Equipment

15. Flammable Finishes, Application of 16. Flammable Liquids, Storage and Handling of 17. Fruit Ripening Processes 18. Fumigation and Thermal Insecticidal Fogging 19. Garages 20. Hazardous Chemicals 21. Liquefied Petroleum Gases 22. Lumber Yards and Woodworking Plants 23. Magnesium 24. Matches and Smoking 25. Oil Burning Equipment 26. Ovens, Industrial Baking and Drying 27. Places of Assembly 28. Precautions Against Fire, General 29. Tents 30. Welding or Cutting, Calcium Carbide and Acetylene Generators Section 2. ENFORCEMENT AND ESTABLISHMENT AND DUTIES OF FIRE PREVENTION a. Each Volunteer Fire Department shall be responsible for and is hereby charged with the enforcement of all provisions of the Fire Prevention Code. b. On approval by the Board of Supervisors, the duly elected Chief of each Volunteer Fire Department shall be responsible for the enforcement of this Ordinance. c. The Bureau of Fire Prevention may detail such volunteer firemen of the Township of Harborcreek as inspectors. d. The District Fire Chiefs shall render a report annually to the Board of Supervisors. The report shall contain all proceeding under this code, with such statistics as the Chief of the Fire Department may wish to include therein: the Chief of the Fire Department shall also recommend any amendments to the code which, in his judgment, shall be desirable. Section 3. DEFINITIONS a. Each Volunteer Fire Department shall be responsible for and is hereby charged with the enforcement of all provisions of the Fire Prevention Code. b. Wherever the term Fire Department is used in the Fire Prevention Code, it shall be held to mean the Volunteer Fire Departments of the Township of Harborcreek.

c. Wherever the term Chief of Fire Department or Fire Chief is used in the Fire Prevention Code, it shall be held to mean the District Fire Chiefs of the Volunteer Fire Departments of the Township of Harborcreek. d. Wherever the term Bureau of Fire Prevention is used in the Fire Prevention Code, it shall be held to mean the Board of Supervisors of the District Fire Chiefs of the Volunteer Fire Departments of the Township of Harborcreek. e. Wherever the term District Fire Chiefs is used in the Fire Prevention Code, it shall be held to mean the duly elected Fire Chief of each Volunteer Fire Department of the Township of Harborcreek. Section 4. ESTABLISHMENT OF LIMITS OF DISTRICTS IN WHICH BULK STORAGE OF LIQUIFIED PETROLEUM GASES AND STORAGE OF EXPLOSIVES AND BLASTING AGENTS IS TO BE RESTRICTED The limits referred to in Article 21 of the ode hereby adopted, in which bulk storage of liquefied petroleum gas is restricted, and the limits referred to in Article 12 of the Code hereby adopted, in which storage of explosives and blasting agents is prohibited, are hereby established as follows: 1. Areas in which such storage is prohibited by Zoning Ordinance of the Township of Harborcreek. 2. Areas in which such storage is prohibited by the Division of Mines, Quarries and Explosives, Bureau of Mines and Occupational Health and Safety, Department of Environmental Resources. Section 5. ESTABLISHMENT OF FIRE LANES ON PRIVATE PROPERTY DEVOTED TO PUBLIC USE The fire lanes referred to in Section 28.16 of the Fire Prevention Code are hereby established as follows: It shall be an area of 12 feet in width extending outward from the sidewalk normally used by pedestrials and running parallel to said sidewalk its entire length. Each fire lane shall be indicated by road markings and posted at convenient intervals. Section 6. AMENDMENTS MADE IN THE FIRE PREVENTION CODE HEREBY ADOPTED The Fire Prevention Code is hereby amended and changed in the following respects: a. Section 1.5 of Article 1, General Provisions, is changed by adding after the words Chief of the Bureau of Fire Prevention the following: Compliance with safe practices as outlined in the National Fire Protection Association shall be deemed prima facia evidence of compliance with this section. b. Subsections (e) and (f) of Section 1.5 of Article 1, General Provisions, are amended by adding thereto: Compliance with regulations of the Pennsylvania Department of Labor and Industry and with the Life Safety Code (101) Vol.4, National Fire Codes shall be governing factors on safe exit requirements.

c. Section 1.7 of Article 1 is amended by changing the words corporation counsel in Subsection (c) to Township Solicitor and the term Police Department to Pennsylvania State police Fire Marshal. d. Section 1.9 of Article 1 is amended by the addition of Subsection (f) : Permits required by this Code shall be in addition to any other permits which may be required by other agencies and may be issued in conjunction with such other permits. e. Section 6.2 of Article 6, Cellulose Nitrate Plastics ( Pyroxylin ), is amended by adding thereto: In addition to the permits required by this section, the requirements of the Bureau of Mines, Department of Environmental Resources shall be complied with. f. Section 9.1 of Article 9, Dry Cleaning Plants, is amended by the addition of Subsection (d) : All persons engaged in the business of dry cleaning shall, in addition, comply with the regulations of the Pennsylvania Department of Labor and Industry. g. Article 16, Flammable and Combustible Liquids, is deleted in its entirety and the following substituted; All regulations concerning the use of flammable liquids shall comply with the Fire Marshal Division of the Pennsylvania State Police and such regulations shall take precedence over any provisions of this section. h. Section 28.1, Bonfire and Outdoor Rubbish Fires, of Article 28, General Precaution Against Fire, is amended: 1. Open fire burning shall be in accordance with the Commonwealth of Pennsylvania Air Pollution Control Act, requirements shall not apply where the open burning operations result from: a. Any fire set to prevent or abate a fire hazard, when approved by the Bureau of Fire Prevention and set by or under the supervision of a public officer. b. Any fire set for the purpose of instructing personnel in fire fighting, when approved by the Bureau of Fire Prevention. c. Any fire set for the prevention and control of disease or pests, when approved by the Bureau of Fire Prevention. d. Any fire set for the purpose of burning domestic refuse, when the fire is on the premises of any structure occupied solely as a dwelling by two families or less and when such refuse results from the normal occupancy of said structure. e. Any fire set solely for recreational or ceremonial purposes. f. Any fire set solely for cooking food. 2. Ordinance #31, Rubbish and Brush Fires, of the Township of Harborcreek, is hereby repealed. Section 7. MODIFICATIONS The Bureau of Fire Prevention shall have power to modify any of the provisions of the Code hereby adopted upon application in writing by the owner or lessee, or his duly authorized

agent, when there are practical difficulties in the way of carrying out the strict letter of the Code, provided that the spirit of the Code shall be observed, public safety secured, and substantial justice done. The particulars of such modification when granted or allowed and the decisions of the Bureau of Fire Prevention shall be issued to the applicant in writing. Section 8. APPEALS a. Application for appeal may be made when it is claimed that: 1. There are practical difficulties in the way of carrying out the strict letter of the Code and an equally good or better method can be used without violating the spirit of the Code or lessening public safety, or, 2. The Code has been incorrectly interpreted, or, 3. Provisions of the Code do not fully apply. b. Whenever the Bureau of Fire Prevention shall disapprove an application or refuse to grant 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 from the decision of the Bureau of Fire Prevention to the Board of Supervisors of Harborcreek Township. c. All appeals made pursuant to this Section shall be filed with the Board of Supervisors within thirty (30) days from the date of the decision appealed. d. The Board of Supervisors shall affirm, modify, or reverse the decision of the Bureau of Fire Prevention. Actions of the Board shall be recorded by resolution. Certified copies of the actions shall be furnished to the appellant and to the Fire Chief. e. The District Fire Chief shall take immediate action in accordance with the decision of the Board of Supervisors. Section 9. NEW MATERIALS AND / OR PROCESSES WHICH MAY REQUIRE PERMITS a. Permits may be issued by the Bureau of Fire Prevention for the installation of new materials and / or processes which shall require permits in addition to those now enumerated in the Code hereby adopted. b. The applicant, when issued a permit, shall post such permit in a conspicuous place in his principal building or on his premises. c. Written notice of such permit issuances shall be distributed to each Volunteer Fire Company for their information. Section 10. VIOLATIONS Any person who violates the provisions of this Ordinance shall upon the judgment of any District Magistrate determining such violations, be subject to a fine not exceeding Three Hundred Dollars ( $300.00 ) and costs for each offense, and in default of payment of fines and

cost, shall be subject to imprisonment in the County Jail for a period not exceeding thirty ( 30 ) days. Any person who continues any such violations beyond one (1) calendar day shall be deemed to have committed a separate offense upon each calendar day such violation continues. In addition, the Township may bring any actions at law or equity to enforce the removal of any prohibited conditions. Section 11. FEE FOR PERMIT $5.00. The fee for any permit required by the Fire Prevention Code hereby adopted shall be Section 12. SEVERABILITY If any provision of this Ordinance or the application of any provision to particular circumstances is held invalid, the remainder of the Ordinance or the application of such provision to other circumstances shall not be affected. Section 13. REPEAL OF CONFLICTING ORDINANCES All former ordinances or parts thereof conflicting or inconsistent with the provisions of this Ordinance hereby adopted are hereby repealed. Section 14. DATE OF EFFECT This Ordinance shall take effect and be in force from and after its approval and advertising as required by law. Enacted by the Board of Supervisors of the Township of Harborcreek, Erie County, Pennsylvania, this 22 nd day of March, 1972. ATTEST: Fred McClurg Harborcreek Township Secretary HARBORCREEK TOWNSHIP SUPERVISORS /s/ Robert Gindlesperger, Chairman /s/ James E. Whitby /s/ Frank Schwabenbauer

ORDINANCE NO. 72-58-1 AN ORDINANCE OF THE TOWNSHIP OF HARBORCREEK, ERIE COUNTY, PENNSYLVANIA, AMENDING THE HARBORCREEK TOWNSHIP FRIE PREVENTION ORDINANCE NO. 58, ADOPTED BY THE BOARD OF SUPERVISORS ON MARCH 22, 1974. BE IT ORDAINED by the Board of Supervisors of the Township of Harborcreek, County of Erie and State of Pennsylvania, that the Harborcreek Township Fire Prevention Ordinance No. 58, of 1972, is hereby amended as follows: Section 6, Article h, Sub-Section 28.1 g. No fires shall be left unattended. h. Fires may be burned between the hours of ten in the morning and eight in the evening (prevailing time) and on the days of Tuesday through Saturday, inclusive, only, provided, however, that the foregoing restriction shall not apply where the fire is over 750 feet from the residence of the nearest neighbor. Approved and enacted this 11 th day of September 1974 THIS IS TO CERTIFY THAT THE ABOVE AMENDMENT TO THE HARBORCREEK TOWNSHIP FIRE PREVENTION ORDINANCE NO. 58 IS A TRUE AND CORRECT COPY. HARBORCREEK TOWNSHIP SUPERVISORS FRED MC CLURG, SECRETARY THE BOARD OF SUPERVISORS

ORDINANCE NO. 72-58-2 An ordinance to amend Ordinance No. 72-58, known as the Harborcreek Township Fire Prevention Code as amended by Ordinance No. 72-58-1 by limiting fires for burning of leaves to Wednesdays and Saturdays only, sunrise to sunset and prohibiting said burning for the other days of the week including holidays; limiting other burning to Tuesday through Saturday, 10:00 a.m. to 8:00 p.m. and prohibiting said burning for the other days of the week and holidays; providing said restrictions do not apply to fires more than 750 feet from the nearest neighbors residence; enacting severability and repealer clauses. WHEREAS, the Harborcreek Township Supervisors have a duty to provide for the public health and safety. WHEREAS, within Ordinance is in the best interest of the residents of Harborcreek Township. BE IT ENACTED AND ORDAINED, by the Supervisors of Harborcreek Township, Erie County, Pennsylvania and it is hereby enacted and ordained as follows: SECTION 1. Section 6.h.1.h. (amending a portion Section 28.1 of the original Harborcreek Township Fire Prevention Code) is deleted and in lieu thereof the following Section 6.H.1.H. is adopted: h. Except for the burning of leaves (to be dealt with in subparagraph i. herein), Fires may be burned between the hours of 10:00 a.m. and 8:00 p.m. (prevailing time) on Tuesday through Saturday only. Fires shall not be burned on a Sunday, Monday or holiday (the prohibition against holiday burning would include any day Tuesday through Saturday also, if any of these days would fall on a holiday). This burning limitation or restriction shall not apply to those situations where the fire is over 750 feet from the residence of the nearest neighbor. SECTION 2. Section 6.h.1 (amending a portion of section 28.1 of the original Harborcreek Township Fire Prevention Code) is amended by adopting an additional subparagraph i. as follows: i. Fires for the burning of leaves may be burned between the hours of sunrise to sunset on a Wednesday or Saturday only. Fires for the burning of leaves shall not be burned on Monday, Tuesday, Thursday, Friday, Sunday or a holiday (the prohibition against holiday burning would include Wednesday or Saturday if either of these two days feel on a holiday). This burning limitation or restriction shall not apply to those situations where the fire is over 750 feet from the residence of the nearest neighbor. SECTION 3. If any section, subsection, sentence, or clause, phrase or portion of its application to any person or circumstances if for any reason held invalid or

unconstitutional by any court, such holdings shall not be construed to affect the validity of any of the remaining provisions or application thereof by this Ordinance for such portion shall be deemed a separate, distinct and independent provision from the remaining provisions. It is hereby declared that the legislative intent that this Ordinance would have adopted had such invalid or unconstitutional provision of its application not been included herein. SECTION 4. All Ordinances or parts of any ordinance inconsistent herewith are hereby repealed. BE IT ENACTED this 14 th day of September, 1988. HARBORCREEK TOWNSHIP SUPERVISORS ATTEST: I hereby certify that the foregoing ordinance was advertised in the Erie Daily Times on August 24, 1988, a newspaper of general circulation in the municipality and was duly enacted and approved as set forth at a regular (or special) meeting of the Harborcreek Township Board of Supervisors held on September 14, 1988. (Erie Morning News August 25, 1988) Motion by Mr. Sonney, second by Mr. Akerly. VOTE 3/0.

ORDINANCE NO. 72-58-3 An ordinance to amend Harborcreek Township Ordinance No. 72-58 known as the Fire Prevention Ordinance, as re-enacted, amended and revised by Ordinance No. 72-58-2 by: providing that fire lanes shall be approved by the Harborcreek Township Chief Code Enforcement Officer, or authorized Police or State Police providing that parking, standing, or stopping of motor vehicles in fire lanes or otherwise obstructing fire lanes shall be prohibited at all times except for emergencies and establishing a $25.00 fine for violations of this restriction as well as authorizing towing for motor vehicles in violation of this restriction; establishing a maximum fine of $300.00 for other fire prevention code violations; describing the area and location of fire lanes; authorizing the restatement of Ordinance No. 72-58 as amended; including repealor and severability clauses. WHEREAS, the Supervisors of Harborcreek Township, Erie County, Pennsylvania deem it necessary and advisable for the welfare, health, safety and protections of the citizens of the Township in their person and property that within noted amendments to the Harborcreek Township Fire Prevention Ordinance 72-58 by adopted; WHEREAS, after due and timely notice by publication, as required by law, and as a result of a public hearing held hereon, the Board of Supervisors of Harborcreek Township deem it necessary to adopt within amendments. BE IT ENACTED AND ORDAINED, by the Supervisors of Harborcreek Township, Erie County, Pennsylvania that Ordinance No. 72-58 as amended by Ordinance No. 72-58-2 and known as the Fire Prevention Ordinance be and the same is hereby amended as follows: SECTION 1. That Article 28, Section 28.16(a) of the Fire Prevention Code (yellow covered booklet) as adopted by Harborcreek Township on March 22, 1972 in the Township Fire Prevention Ordinance, Ordinance No. 72-58 be amended by deleting the existing Section 28.16(a) and in lieu thereof inserting the following: 28.16(a). Marking of fire lanes on private property, devoted to public use, shall be approved by the Harborcreek Township Chief Code Enforcement Officer, authorized police or State Police. SECTION 2. That Article 28, Section 28.16(b) of the Fire Prevention Code (yellow covered booklet) as adopted by Harborcreek Township on March 22, 1972 in its Fire Prevention Ordinance, Ordinance No. 72-58 be amended by deleting the existing Section 28.16(b) and in lieu thereof inserting the following:

28.16(b). Parking, standing or stopping of motor vehicles in fire lanes or actions which otherwise obstruct fire lanes shall be prohibited at all times except for emergency loading and unloading. SECTION 3. That Article 28, Section 28.16 of the Fire Prevention Code (yellow covered booklet) as adopted by Harborcreek Township on March 22, 1972 in its Fire Prevention Ordinance, Ordinance No. 72-58 be amended by inserting an additional subparagraph (c) as follows: 28.16(c). A fire lane shall be an area 24 feet in width which would extend outwardly from the outer edge or curbside of any walkway serving businesses in a mall with the fire lane to run parallel to said sidewalk for its entire length. SECTION 4. That Section 10 of the Fire Prevention Code (red covered booklet), as adopted by Harborcreek Township on March 22, 1972 in its Township Fire Prevention Ordinance, Ordinance No. 72-58 be amended by deleting the existing Section 10 and in lieu thereof inserting the following: SECTION 10. VIOLATIONS (a) Any person who violates the Fire Lane provisions of Section 28.16(b) of the Fire Prevention Code (Yellow covered booklet 1970 edition) shall upon conviction thereof in a summary proceedings before a District Justice, be sentenced to pay a fine of Twenty-five ($25.00) Dollars and costs for each offense and in default thereof of fine and costs, shall be subject to imprisonment for a period not exceeding thirty (30) days. (b). Any person who violates the remaining provisions of the Fire Prevention Ordinance, Ordinance 72-58 other than the Fire Lane provisions of Section 28.16(b) of the Fire Prevention Code shall upon conviction thereof in a summary proceedings before a District Justice be sentenced to pay a fine not exceeding Three Hundred ($300.00) Dollars and costs for each offense and in default of payment of fine and costs, shall be subject to imprisonment for a period of thirty (30) days. Any person who continues any such violation beyond one (1) calendar day shall be deemed to have committed a separate offense upon each calendar day such violation continues. In addition, the Township may bring any action at law or equity to enforce the removal of any prohibited conditions. (c). The Chief Code Enforcement Officer or his designee of the Township (authorized police or State Police) may order any illegally parked vehicle towed away. Towing charge shall be paid by the vehicle owner. In addition, citations may be issued by the Officer or his designee. SECTION 5. That Section 5 of the Fire Prevention Code (red covered booklet), as adopted by Harborcreek Township on March 22, 1972 in its Township Fire Prevention Ordinance, Ordinance No. 72-58 be amended by deleting the existing Section 5 and in lieu thereof inserting the following: SECTION 5. ESTABLISHMENT OF FIRE LANES ON PRIVATE PROPERTY DEVOTED TO PUBLIC USE

Fire lanes referred to in Section 28.16 of the Fire Prevention Code are hereby established as follows: It shall be an area of 24 feet in width extending outward from the sidewalk normally used by pedestrians and running parallel to said sidewalk for its entire length. Each fire lane shall be indicated by road markings on road way, duly outlines and marked with yellow paint, and each fire lane shall be posted with road signs located at convenient intervals. SECTION 6. repealed. All ordinances or parts of ordinances inconsistent herewith are hereby SECTION 7. If any section, subsection, or clause, phrase or portion of its application to any person or circumstances if for any reason be held invalid or unconstitutional by any court, such holdings shall not be construed to affect the validity of any for the remaining provisions or application thereof by this ordinance for such portion shall be deemed a separate, distinct and independent provision from the remaining provisions, it is hereby declared that the legislative intent that this ordinance would have been adopted had such invalid or unconstitutional provision of its application not been included herein. BE IT ENACTED, this 14 th day of November, 1990. ATTEST: HARBORCREEK TOWNSHIP SUPERVISORS _ I hereby certify that the foregoing ordinance was advertised in the Erie Times News on Monday, October 29, 1990 a newspaper of general circulations in the municipality and was duly enacted and approved as set forth at a regular meeting of the Harborcreek Township Board of Supervisors held on November 14, 1990.