[HISTORY: Adopted by the Town Board of the Town of Tonawanda 5-20-1985
by L.L. No. 2-1985. Amendments noted where applicable.]
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.
The rules, regulations and procedures herein prescribed shall be applicable
within the limits of the Town of Tonawanda, exclusive of the Village of Kenmore.
As used in this chapter, the following terms shall have the meanings
indicated:
A complete self-contained residential unit, with living, sleeping,
cooking and sanitary facilities within the unit, for use by one family.
A building used in part for residential use and in part for some
other use not accessory thereto.
A building containing three or more dwelling units.
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.
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.
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.
A building used or occupied as an old age home.
A community residence.
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.
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.
One or more flights of stairs and the necessary landings and platforms
connected therewith to form a continuous passage from one floor to another.
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.
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.
A mixed occupancy unit with one owner-occupied dwelling unit is exempted
from the requirements of these provisions.
[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.
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.
