[Adopted 6-5-1990 as Ord.
No. 6-90]
This Article shall be known and may be cited as the "West Hempfield
Township Smoke Detector Ordinance."
Unless otherwise expressly stated, the following terms shall, for the
purpose of this Article, have the meanings indicated as follows:
GRANTOR
Any person who sells, leases or subleases a residential unit.
OWNER
Any person who shall hold record title and/or the equitable owner
under an agreement of sale of property upon which a residential occupancy
unit is erected or maintained.
PERSON
Any natural individual, unincorporated association, partnership,
corporation, estate, trust or any other legally recognized entity, and the
members of such partnership and the officers of such corporation.
RESIDENTIAL UNIT
Any building or structure or any portion thereof:
A.
Which is designed and/or used for residential use, including but not
limited to single-family attached and detached dwellings, two-family dwellings,
multifamily dwellings, motels, hotels, tourist homes, hospitals, rehabilitation
clinics, convalescent homes, lodging or rooming houses and dormitories for
students, whether or not rent or rental equivalent is charged.
B.
Construction of which has been completed after the effective date of
this Article (June 11, 1990). For the purposes of this Article, construction
shall not be considered complete until a certificate of use and occupancy
has been issued by the Zoning Officer in accordance with the West Hempfield
Township Zoning Ordinance.
RESIDENTIAL USE
The occupancy or use of a building or structure or any portion thereof
by persons for whom sleeping accommodations are provided.
SMOKE DETECTOR
A commercial device capable of providing an audible alarm of at least
85 decibels at 10 feet when sensing visible or invisible particles or gasses
of combustion. A "smoke detector" may use either the ionization or photoelectric
method of detection.
The owner of each new residential unit shall install smoke detectors
in each such residential unit as hereinafter provided. Smoke detectors shall
be installed prior to occupancy. Failure to install smoke detectors as and
where required shall subject the owner to the penalties set forth in this
Article.
[Amended 12-7-1993 by Ord.
No. 9-93; 9-3-1996 by Ord.
No. 3-96; 5-6-1997 by Ord.
No. 6-97]
If the Board of Supervisors or the officer designated to enforce this
chapter by the Board of Supervisors determines that a person has committed
or permitted the commission of a violation of this chapter, the Board of Supervisors
or such enforcement officer shall inform such person in writing of the violation,
shall notify such person to cease the violation of this chapter and shall
inform such person that he or she must pay a civil penalty to the township
within the range of the amounts set forth below to settle the violation. The
penalty for a first offense shall be not less than $50 and not more than $600;
the penalty for a second offense shall be not less than $100 and not more
than $600; and the penalty for a third or greater offense shall be not less
than $200 and not more than $600. If such person fails or refuses to remit
the penalty to the township within 10 days from the date of the written notice
of the violation of this chapter, the township may commence a civil enforcement
proceeding seeking penalties and costs for the violation of this chapter and/or
may commence an action in equity. The township shall seek a judgment for the
penalty previously imposed, together with additional daily penalties for continuing
violations, plus all court costs, including the reasonable attorneys' fees
incurred by the township in the enforcement proceedings. Each day that a violation
continues shall constitute a separate violation, and each section of this
chapter which is violated shall constitute a separate violation. If the defendant
neither pays nor timely appeals the judgment, the township may enforce the
judgment pursuant to the applicable rules of civil procedure.