[HISTORY: Adopted by the Borough Council of the Borough of Old Forge as indicated in article histories. Amendments noted where applicable.]
[Adopted 4-18-1995 by Ord. No. 1995-5]
As used in this article, the following terms shall have the meanings indicated:
- LEASED AND/OR RENTED DWELLING UNIT
- Any dwelling designed for permanent living quarters, including but not limited to:
- A person, persons, or entity which holds legal title to the real estate in question, according to the records in the Lackawanna County Recorder of Deeds office.
- SMOKE DETECTOR
- A device which emits an audible signal when activated by smoke or fire. The smoke detector must meet or exceed the standards set forth by the Factory Mutual Research Corporation or Underwriters Life. The smoke detector must have a self-contained power supply and must be capable of emitting an audible signal of at least 85 decibels at a range of 10 feet.
The smoke detector shall always be installed on ceilings, but never closer than 12 inches from corners or interior walls. Although final determination of proper location for placement of the smoke detector within each dwelling unit shall be decided by the Old Forge Borough Fire Chief or the Code Enforcement Officer, the general areas in which the smoke detector should be installed are:
It shall be the owner's responsibility and duty to:
Should any owner, tenant, or other person wish to relocate or temporarily render inoperative any smoke detector, he/she must first obtain the approval from the Old Forge Borough Fire Chief.
The time within which to comply with this article shall be six calendar months from the effective date of this article.
The Old Forge Borough Fire Chief and/or the Code Enforcement Officer is hereby authorized and empowered to inspect each smoke detector installed within a dwelling unit at least one time per year, or, in the case of fire within the leased or rented dwelling unit, immediately thereafter, to ascertain that such smoke detector fulfills the requirements of this article and is in an operable condition.
It shall be the duty of the Old Forge Borough Fire Chief or the Code Enforcement Officer to inform any person who is determined to be in violation of any section of this article of the exact nature of such violation. The Old Forge Borough Fire Chief or the Code Enforcement Officer, their agents, and the Old Forge Borough Council shall be immune from civil or criminal liability for any acts or omissions in connection with the inspection, maintenance and testing of any smoke detector installed in compliance with this article.
Penalties for noncompliance. Any owner of a leased and/or rented dwelling unit who fails to comply with the provisions of this article shall, upon conviction, be punished by a fine of not more than $1,000, plus costs of prosecution, and, in default of payment of such fine and costs, by imprisonment for not more than 30 days.
Penalties for tampering with smoke detector so as to render said smoke detector inoperative. Any person convicted of tampering with a smoke detector so as to render said smoke detector inoperative shall, upon conviction, be punished by a fine of not more than $1,000, plus costs of prosecution, and, in default of payment of such fine and costs, by imprisonment for not more than 30 days.
Pursuant to the authority granted to the Old Forge Borough Fire Chief or Code Enforcement Officer in § 258-4 hereinabove, the Old Forge Borough Council hereby authorizes the Old Forge Borough Fire Chief and/or Code Enforcement Officer, or their designee, upon notice of any violation of this article, to bring charges before the Magisterial District Judge in accordance with the penalties set forth in § 258-5 of this article.