[HISTORY: Adopted by the Board of Supervisors of the Township of
Warwick 1-10-1990 by Ord. No. 143. Amendments
noted where applicable.]
This chapter shall be known and may be cited as the "Warwick Township
Smoke Detector Ordinance."
Unless otherwise expressly stated, the following terms shall, for the
purpose of this chapter, have the meanings indicated as follows:
A person who sells, leases or subleases a residential unit.
The 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.
A natural individual, unincorporated association, partnership, corporation,
estate, trust or any legally recognized entity, and the members of such partnership
and the officers of such corporation.
The occupancy or use of a building or structure or any portion thereof
by persons for whom sleeping accommodations are provided including, but not
limited to, single-family attached and detached dwellings, two dwellings,
multifamily dwellings, lodging or rooming houses, dormitories, hotels and
motels.
A commercial device capable of providing an audible alarm when sensing
visible or invisible particles or gasses of combustion.
The owner of each new and existing occupied residential occupancy unit
shall install smoke detectors in each such residential occupancy unit as hereinafter
provided. For residential occupancy units existing on the effective date of
this chapter, such smoke detectors shall be installed within 150 days after
the effective date of this chapter. For residential occupancy units established
after the effective date of this chapter, smoke detectors shall be installed
prior to occupancy. Failure to install smoke detectors as and where required
shall subject the property owners to the penalties set forth in this chapter.
A.
At least one smoke detector shall be installed to protect
each sleeping area. A sleeping area shall be considered as the area or areas
of the residential occupancy unit in which the bedrooms or sleeping rooms
are located. Where bedrooms or rooms habitually used for sleeping are separated
by other use areas, such as kitchens or living rooms but not bathrooms or
closets, they shall be considered as separate sleeping areas for the purposes
of this section.
B.
At least one smoke detector shall be installed at the
head (i.e., top) of each stairway leading up to an occupied area.
A.
In residential occupancy units established after the
effective date of this chapter, smoke detectors shall be wired directly to
the building's electrical system.
B.
In all residential occupancy units existing on the effective
date of this chapter, smoke detectors may be wired directly to the building's
electrical system or a monitored battery-power unit installed. It is preferred
that the smoke detector be wired directly to the building's electrical system.
C.
It shall be the responsibility of the owner and occupant
of the residential occupancy unit to maintain smoke detectors. Such maintenance
shall include, but not be limited to, replacing batteries when necessary or
insuring that the smoke detector is connected to an electrical source so that
the smoke detector remains capable of transmitting an audible signal in the
presence of smoke or evidence of combustion.
D.
The removal or destruction of any smoke detector by any
person for a purpose other than immediate replacement of the smoke detector
shall be prohibited.
At every change of occupancy of every residential occupancy unit occasioned
by or incident to a sale, lease or sublease of said unit, the grantor shall
certify, before occupancy, to the new occupant that all smoke detectors as
required by this chapter are installed and in proper working condition.
Prior to the issuance of any use and occupancy permit required under Chapter 340, Zoning, the applicant for such certificate of use and occupancy shall certify that smoke detectors as required by this chapter have been properly installed and are in proper working condition.
[Amended 11-19-1997 by Ord. No. 178]
For each violation of the provisions of this chapter, the owner, agent,
lessee or contractor or any other person who commits, takes part in or assists
in any such violation shall be liable upon conviction thereof in a summary
proceeding to pay a fine of not less than $200 nor more than $1,000 for each
offense, together with the costs of prosecution. Each day or portion thereof
in which a violation exists shall be considered a separate violation of this
chapter, and each section of this chapter which is violated shall be considered
a separate violation. In default of payment of such fine, such person shall
be liable to imprisonment for a period not exceeding 30 days.
