[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:
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.
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:
A.
It shall be the owner's responsibility and duty to:
B.
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.
C.
The time within which to comply with this article
shall be six calendar months from the effective date of this article.
A.
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.
B.
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.
A.
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.
B.
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.
