[HISTORY: Adopted by the Board of Supervisors of the Township of West Hempfield: Art. I, 6-5-1990 as Ord. No. 6-90. Amendments noted where applicable.]
GENERAL REFERENCES
Alarm systems — See Ch. 43.
Outdoor burning — See Ch. 54.
Electrical standards — See Ch. 69.
Junk and junkyards — See Ch. 83.
Property maintenance — See. Ch. 104.
Solid waste — See Ch. 118.
Zoning — See Ch. 145.
[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.
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 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. 
In buildings providing a dormitory or similar sleeping area designed for separate sleeping rooms through closure of doors off a common hallway, each separate sleeping room shall have a separate smoke detector installed. The Board of Supervisors may approve placement of fewer units at designated areas upon presentation of evidence that such installation shall sufficiently provide an audible alert to persons sleeping in the dormitory or sleeping area.
A. 
Smoke detectors shall be wired directly to the electrical system of the building containing the residential unit. It is recommended that battery smoke detectors be provided as a backup system.
B. 
All smoke detectors shall be of a type approved by Underwriters' Laboratories, Inc.
C. 
It shall be the responsibility of the owner and occupant of the residential unit to maintain smoke detectors. Such maintenance shall include but not be limited to ensuring 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.
A. 
At every change of occupancy of every residential unit occasioned by or incident to a sale, lease or sublease of said residential unit, the grantor shall certify, before occupancy, to the new occupant that all smoke detectors as required by this Article are installed and in proper working condition.
B. 
Prior to the issuance of any use and occupancy permit required under the West Hempfield Township Zoning Ordinance,[1] the applicant for such certificate of use and occupancy shall certify that smoke detectors as required by this Article have been properly installed and are in proper working condition.
[1]
Editor's Note: See Ch. 145, Zoning.
[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.