[Adopted 11-8-1978 by Ord. No. 96 (Ch. 7, Part 1, of the
1994 Code)]
As used in this article, the following terms shall have the
meanings indicated:
The York Area United Fire and Rescue Fire Chief.
[Amended 6-8-2011 by Ord.
No. 2011-07]
The person or persons or entity holding a deed or sales agreement
designating them as grantee or vendee in the event of ownership by
sales agreement; both vendor and vendee shall be deemed joint owners.
Any building or structure designed for single or multifamily
use and which includes trailers or mobile homes which are utilized
for use as living and sleeping areas, and for which rent or rental
equivalent is charged by any person, but shall include any convalescent
home, school or college or indoor sleeping place for students, employees
or guests or patients of such school, college or convalescent home,
whether or not rent or rental equivalent is charged therefor. It shall
also mean all new buildings erected in this Township after the enactment
hereof January 8, 1978, that are intended for residential use.
A building or structure of any type, including trailers or
mobile homes or any building of any type or sort, wholly or partly,
which provides an area used as a bedroom or for a sleeping area used
by human beings.
A commercial device capable of providing an audible alert
when sensing visible or invisible particles or gases of combustion.
A.
All owners of residential units shall install smoke detectors in
all common hall areas leading to bedrooms or sleeping areas. In buildings
providing a dormitory or separate sleeping area that are designed
for closure by closed or locked doors off a common hallway shall have
separate smoke detectors in each dormitory or sleeping room, unless
the Chief shall approve placement of fewer units at designated areas
that in his judgment shall sufficiently provide an audible alert to
persons sleeping in the dormitories or rooms.
B.
It shall be the duty of all tenants or persons sleeping in residential
units to maintain smoke detectors. Maintenance shall include keeping
smoke detector units serviceable by inserting batteries when necessary
or by keeping them attached to an electrical source so that they may
remain capable of transmitting an alarm in the presence of smoke.
The removal or destruction of any smoke detector by any person except
an owner for the purpose of immediate replacement is strictly forbidden.
C.
The Chief shall make every effort to ensure that this article is
strictly enforced.
A.
All smoke detectors required herein to be installed shall be of an
approved type. The approval shall be provided by the Spring Garden
Township Fire Chief, and a list of all smoke detectors that are approved
shall be maintained by the Fire Chief.
B.
In new residential occupancy units smoke detectors shall be wired
directly to the building's power supply. In existing multifamily units
it is preferred that the smoke detector be wired directly to the building's
power supply; however, said smoke detector may be operated on a plug-in
outlet which is fitted with a plug-retainer device, provided that
said outlet is not controlled by any switch, and further provided
that there is no switch or cord on the detector. In rented single-family
occupancy units it is preferred that the smoke detector be wired to
the power supply; however, a battery monitor supply unit is acceptable.
Also, with the approval of the Fire Chief, the battery-powered smoke
unit may be utilized in multifamily or any new residential occupancy
units.
[Amended 5-11-1988 by Ord. No. 224; 12-14-1994 by Ord. No. 94-5]
Any person who should violate any of the provisions of this
article shall, upon conviction thereof in a summary proceeding, be
sentenced to pay a fine of not more than $1,000 and costs of prosecution
and, in default of payment of such fine and costs, to imprisonment
for not more than 30 days, provided that each violation of any provision
of this article, and each day the same is continued shall be deemed
a separate offense. In addition, said fines and penalties may be collected
by suit brought in the name of the Township before any Magisterial
District Judge in like manner as debts of like amount may be sued
for by existing laws and to remit such fines and penalties.
In the event it shall appear that any person is permitting the
use of a residential unit without smoke detectors as required hereunder,
the said residential unit is hereby declared to be a nuisance and,
upon the request of the Fire Chief, the Solicitor of the Township
may, if he deems it appropriate, initiate the necessary legal proceedings
to abate the unsafe condition which is declared a nuisance hereunder.
