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ORDINANCE 1960-265�r ORDINANCE NO. 265 AN ORDINANCE ADOPTING A FIRE PREVENTION CODE PRESCRIBING REGULATIONS GOVERNING CONDITIONS HAZARDOUS TO LIFE AND PROPERTY FROM FIRE OR EXPLOSION, AND ESTABLISHING A BUREAU OF FIRE PREVENTION AND PROVIDING OFFICERS THEREFOR AND DEFINING THEIR POWERS AND DUTIES The Board of Commissioners of the Township of Delaware in the County of Camden, DO ORDAIN: Section 1. Adoption of Fir Prevention Code There is hereby adopted by the Board of Commissioners 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 National Board of Fire Underwriters, being particularly the 1956 edition thereof and the whole thereof, save and except such portions as are hereinafter' deleted, modified or amended (by Section 5 of this ordinance), of which code not less than three (3) copies have been and now are filed in the office of the Clerk of the Township of Delaware in the County of Camden 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 con- trolling within the limits of the Township of Delaware in the County of Camden. Section 2. Enforcement. The Fire Prevention Code hereby adopted shall be enforced by the Fire Marshal or Assistant Fire Marshal of the Township of Delaware in the County of Camden. Section 3. Def initions. a. Wherever the word "Municipality" is used in the Fire Prevention Code, it shall be held to mean the Township of Delaware in the County of Camden. b. Wherever the term "Corporation Counsel" is used in the Fire Prevention Code, it shall be held to mean the Attorney for the Township of Delaware in the County of Camden. c. Wherever the words "Chief of the Fire Department" or "Chief of the Bureau of Fire Prevention" are used in the Fire Prevention Code, they shall be held to mean the Fire Marshal aApointed by the Board of Commissioners. 807 Section 4. Establishment of Limits of Districts in which Storage of Flammable Liquids in Outside Aboveground Tnnks is to be Prohibited and Establishmen of Limits in which Bulk Storage of Liquefied Petroleum G ases is to be Restricted a. The limits referred to in section 15.201 of the Fire Prevention Code in which storage of flammable liquids in outside aboveground tanks is prohibited, are hereby established as all areas except those designated as Restricted Industrial Districts as established by the "Delaware Township Zoning Ordinance of 1960" and the Zoning Map as from time to time amended. b. The limits referred to in section 15.401 of the Fire Prevention Code in which new bulk plants for flammable liquids are prohibited, are hereby established as all areas except those designated as Restricted Industrial Districts as established by the "Delaware Township Zoning Ordinance of 1960" and the Zoning Map as from time to time amended. c. The limits referred to in section 19.06a of the Fire Prevention Code in which bulk storage of liquefied petroleum gas is restricted, are hereby established as all areas except those designated as Restricted Industrial Districts as established by the " Delaware Township Zoning Ordinance of 1960" and the Zoning Map as from time to time amended. Section 5. Amendments M ade in the Fire Prevention Code The Fire Prevention Code is amended and changed in the following respects: follows: follows: a. Article 10, section 10.05 is added to read as "Section 10.05 Minimum Requirements of Exits Business Commercial and In- dustria . "In any establishment, Business, Industrial or Commercial, where the public is served, there shall be a minimum requirement of one exit, other than that used as an entrance, for all rooms in excess of 700 square feet." b. Article 13, section 13.02 is amended to read as "Section 13.02. Fire Marshal to Survey Premises and Spec Equipment to e Pro vided 008 "The Fire Marshal shall survey each commer- cial and industrial establishment, mercantile, educational and institutional occupancy, place of assembly, hotel, motel, mobile -home, trailer multi- family house, and trailer camp and shall specify suitable fire detecting devices or ex- tinguishing appliances which shall be provided in or near boiler rooms, kitchens of restaurants, clubs and like establishments, storage rooms in- ?'' volving considerable combustible material, rooms in which hazardous manufacturing processes are involved, repair garages, and other places of a generally hazardous nature. Such devices or ap- pliances may consist of automatic fire alarm systems, automatic sprinkler or water spray systems, standpipe and hose, fixed or portable fire extinguishers of a type suitable for the probable class of fire, or suitable asbestos blankets, manual or automatic covers, or carbon dioxide or other special fire extinguishing systems. In special hazardous processes or storage, appliances of more than one type or special systems may be required." c. Article 15, section 15.507 is added to read as follows: "Section 15.507. Minimum Fire Exti nguisher Requirements "Fire extinguishers shall be required on the island of service stations, or any estab- lishment dispensing flammable liquid to the public or distributor. A minimum of one 5 lb. fire extinguisher, at the approval of the Fire Marshal, shall be provided for every three pumps or portion thereof." d. Article 23 entitled "Oil Burning Equipment" sections 23.01 through 23.11 are deleted. e. Article 25, section 25.O1b is amended to read as follows: "b. 'Place of Assembly' shall mean a room or space used for assembly or educational occu- pancy for 50 or more occupants or which has a floor area of 700 square feet or more used for such purposes. Such room or space shall include any similarly occupied connecting room or space in the same story, or in a story or stories above or below, where entrance is common to the rooms or spaces." f. Article 25 section 25.02d is added to read as follows: "d. a Certificate of treatment to be issued by the Fire Marshal upon application shall be re- quired on all canvas and decorations." Section 6. Modifications The Fire Marshal shall have power to modify any of the provisions of the Fire Prevention Code upon application in writing by the owner or lessee, or his duly authorized agent, SOD when there are practical difficulties in the way of carryout 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 decision of the Fire Marshal thereon shall be entered upon the records of the department and a signed copy shall be furnished the applicant. Section 7. Appeals. Whenever the Fire Marshal shall disapprove an applica- tion 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 Fire Marshal to the Board of Commissioners within 30 days from the date of the de- cision of the appeal. Section 8. New Materials, Processes or Occupancies which may Require Permits. The Board of Commissioners and the Fire Marshal shall act as a committee to determine and specify, after giving affected persons an opportunity to be heard, any new materials, processes or occupancies, which shall require permits, in addition to those now enumerated in said code. The Fire Marshal shall post such list in a conspicuous place in his office, and distribute copies thereof to interested persons. Section 9. Penalties. a. Any person who shall violate any of the provi- sions of the code hereby adopted or fail to comply therewith, or Who shall violate or fail to comply with any order made thereunder, or who shall build in violation of any detailed statement of specifications or plans submitted and approved thereunder, or any certificate or permit issued thereunder, and from which no appeal has been taken, or who shall fail to comply with such an order as affirmed or modified by the Board of Commissioners or by a court of competent jurisdiction, within the time fixed herein, shall severally for each and every such violation and noncompliance re- spectively, be guilty of a misdemeanor, punishable by a fine of S10 not less than $5.00 nor more than $200.00 or by imprisonment for not less than one day nor more than ten days or by both such fine and imprisonment. The impsotion of one penalty for any violation shall not excuse the violation or permit it to continue; and all such all be required to correct or remedy persons shall q Y such violations or defects within a reasonable time; and when not otherwise specified, each ten days that prohibited conditions are maintained shall constitute a separate offense. b. The application of the above penalty shall not be held to prevent the enforced removal of prohibited conditions. Section 10. Repeal of Conflicting Ordinances a. Ordinance No. 170 entitled "An Ordinance Adopting A Fire Prevention Code Prescribing Regulations Governing Conditions Hazardous to Life and Property from Fire or Explosion" is hereby repealed. b. All former ordinances or parts thereof conflicting or inconsistent with the provisions of this ordinance or of the code hereby adopted are hereby repealed. I Section 11. Validity The Board of Commissioners hereby declares that should any section, paragraph, sentence, or word of this ordinance or Of the code hereby adopted be declared for any reason to be invalid, it is the intent of the Board of Commissioners that it would have passed all other portions of this ordinance independent of the elimi- nation herefrom of any such portion as may be declared invalid. Section 12. Date of Effect. This ordinance shall take effect and be in force from and after its approval as required by.,�a.w. Attest: T s C e of commissioners INTRODUCED: November 14, 1960 ADOPTED: November 28, 1960