Town of Tonawanda, NY
Erie County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Town Board of the Town of Tonawanda 5-20-1985 by L.L. No. 2-1985. Amendments noted where applicable.]
GENERAL REFERENCES
Building code administration and enforcement — See Ch. 54.
Fire hazards — See Ch. 85.
Zoning — See Ch. 215.

§ 174-1 Purpose.

The purpose of this chapter shall be to promote the public health, safety and welfare of the residents of the Town, including the protection and preservation of property, by requiring installation and maintenance of approved smoke detectors in all two-family dwellings, multiple dwellings and mixed occupancy units and by enforcing regulations concerning the same.

§ 174-2 Applicability.

The rules, regulations and procedures herein prescribed shall be applicable within the limits of the Town of Tonawanda, exclusive of the Village of Kenmore.

§ 174-3 Definitions.

As used in this chapter, the following terms shall have the meanings indicated:
DWELLING UNIT
A complete self-contained residential unit, with living, sleeping, cooking and sanitary facilities within the unit, for use by one family.
MIXED OCCUPANCY UNIT
A building used in part for residential use and in part for some other use not accessory thereto.
A. 
A building containing three or more dwelling units.
B. 
A building containing living, sanitary and sleeping facilities occupied by one or two families and with more than four lodgers residing with either one of such families.
C. 
A building with one or more sleeping rooms, other than a one- or two-family dwelling, used or occupied by permanent or transient paying guests or tenants.
D. 
A building with sleeping accommodations for more than five persons and used or occupied as a club, dormitory, fraternity or sorority house or for similar uses.
E. 
A building used or occupied as an old age home.
F. 
A community residence.
PUBLIC HALLWAY
An enclosed passageway leading to a stairway or other required exit which provides common access to rooms or exitways in the same story in a building.
SLEEPING SPACE(S)
The space or spaces of a two-family dwelling or a multiple dwelling in which the bedroom or sleeping areas are located. Bedrooms or sleeping areas separated by other use areas, such as kitchens or living rooms, but excluding bathrooms and corridors, shall be considered as separate sleeping spaces for the purposes of this chapter.
STAIRWAY
One or more flights of stairs and the necessary landings and platforms connected therewith to form a continuous passage from one floor to another.

§ 174-4 Responsibility for installation.

It shall be the responsibility of the owner(s) of every two-family dwelling, multiple dwelling and mixed occupancy unit situated in the Town of Tonawanda to install and maintain smoke detectors in compliance with this chapter. It shall be a violation of this chapter for any occupant, tenant or person to tamper with or in any way render the smoke detector inoperable after installation.

§ 174-5 General requirements.

A. 
Installation and location of smoke detectors.
(1) 
At least one approved smoke detector shall be installed adjacent to each sleeping space in every two-family dwelling, multiple dwelling and mixed occupancy unit in the Town. Each smoke detector shall be installed and located so as to avoid dead airspace and shall be placed on or near the ceiling, as per standards set forth in the National Fire Protection Association Standards 74, as adopted November 18, 1980, and available for inspection at the Town Clerk's office of the Town of Tonawanda.
(2) 
At least one approved smoke detector shall be installed, as provided in Chapter 5 of the National Fire Protection Association Standards 74, in all stairways and public hallways in every two-family dwelling, multiple dwelling and mixed occupancy unit in the Town.
(3) 
All smoke detectors installed pursuant to this chapter shall be installed in a manner acceptable under the National Fire Protection Association Standards 74, as adopted November 18, 1980.
(4) 
Smoke detectors installed pursuant to this chapter may be wired directly to the power supply, connected to a plug-in outlet or be battery powered. A battery-powered smoke detector must have a self-monitored low battery alarm.
(5) 
In no event shall any electric-powered smoke detector installed pursuant to this chapter be controlled by any switch other than the main power supply.
(6) 
Any plug-in outlet to which a smoke detector is connected shall be fitted with a plug-retainer device.
(7) 
All smoke detectors installed in dwelling units located in two-family dwellings, multiple dwellings and mixed occupancy units pursuant to the provisions of this chapter shall be capable of automatically activating a suitable alarm which is audible in adjoining sleeping areas of such dwelling unit over background noise levels with the intervening doors closed.
(8) 
All smoke detectors installed in public hallways and public stairways of two-family dwellings, multiple dwellings and mixed occupancy units pursuant to the provisions of this chapter shall have or be connected to an alarm which is clearly audible throughout the area served and the dwelling units located therein.
B. 
Maintenance. The owner, manager and agent of every two-family dwelling, multiple dwelling and mixed occupancy unit in the Town shall be required to maintain all smoke detectors required pursuant to the provisions of this chapter in proper working condition at all times.
C. 
Types of approved smoke detectors. Every smoke detector required pursuant to the provisions of this chapter shall be of a type bearing approval by a testing laboratory, such as Underwriters' Laboratories (UL) or Factory Mutual. A smoke detector must be capable of detecting visible or invisible particles of combustion relating to a fire. Upon the presence of such particles, the smoke detector must be capable of automatically activating a suitable alarm for its location and intended use. The smoke detector must also provide a visible indication that the alarm is energized and shall be reasonably free from false alarms.
D. 
Applicable standards. The standards for the installation, operation and maintenance of smoke detectors as recommended by the National Fire Protection Association Standards 74, as adopted November 18, 1980, shall be applicable in addition to the provisions of this chapter.

§ 174-6 Exemption.

A mixed occupancy unit with one owner-occupied dwelling unit is exempted from the requirements of these provisions.

§ 174-7 Enforcement.

[Amended 3-26-2007 by L.L. No. 2-2007]
The Code Enforcement Officer of the Town of Tonawanda shall be responsible for the enforcement of the provisions of this chapter.

§ 174-8 Penalties for offenses.

A. 
Any violation by a person, firm or corporation of any provision of this chapter shall be deemed a violation punishable by a fine not to exceed $250 or by imprisonment for a period not to exceed 15 days, or both.
B. 
Any person who takes part in or assists in any violation of this chapter shall also be subject to the penalties provided herein.
C. 
Each day that a violation of this chapter is committed or permitted to exist shall constitute a separate offense.