[HISTORY: Adopted by the Borough Council of the Borough of Masontown 9-25-1990, approved 9-25-1990. Amendments noted where applicable.]
This chapter shall be known as the "Masontown Borough Smoke and Heat Detector Ordinance."
As used in this chapter, the following terms shall have the meanings indicated:
- APARTMENT BUILDING
- A building used and occupied by three or more families living independently of each other, each occupying a separate and distinct family living unit. For purposes of this chapter, "apartment building" shall include a building devoted to residential use and consisting of three or more guest rooms, suites of rooms or dwelling units which are occupied more or less permanently, wherein the occupants are furnished so-called hotel services, including dining room and maid service.
- AUTOMATIC FIRE- AND SMOKE-DETECTING DEVICE
- Any device which automatically detects heat, smoke or other products of combustion and actuates an alarm to warn the inhabitants of any building or structure described herein and which has been approved by the Fire Chief of the Borough of Masontown or other appropriate borough official.
- BUSINESS AND COMMERCIAL ESTABLISHMENTS OPEN TO THE PUBLIC
- Includes, but shall not be limited to, stores, malls, offices, office buildings and indoor recreational areas.
- BUSINESS, COMMERCIAL AND INDUSTRIAL ESTABLISHMENTS
- Includes, without limitation, stores, malls, offices, office buildings, indoor recreational areas, industrial facilities, warehouses and machine shops.
- A building in which primarily temporary lodging is provided and offered to the public for compensation in which ingress and egress to and from rooms is made from a common area which may include a lobby or reception area and, for purposes of this chapter, shall include boardinghouses, lodging houses or rooming houses containing three or more separate and distinct sleeping rooms.
- A building in which lodging is provided and offered to the transient public for compensation in which ingress and egress to and from rooms may be made either through a common area, including a lobby or reception area, or from the exterior.
- PLACE OF PUBLIC ASSEMBLY
- A room, space or structure accommodating 50 or more individuals for religious, recreational, educational, political, social or amusement purposes or for the consumption of food and drink, including all connected rooms or space with a common means of egress and entrance.
All owners of newly constructed buildings or structures or additions thereto, as defined herein, which do not have an approved fire-suppression system therein shall install an approved automatic fire- and smoke-detecting device therein as provided hereinafter before said building or structure or addition thereto can be occupied and/or used for any purpose.
All owners of existing buildings or structures, as defined herein, which do not have an approved fire-suppression system therein shall install an approved automatic fire- and smoke-detecting device therein as provided hereinafter within 60 days of the enactment of this chapter unless the Borough Council of the Borough of Masontown extends said period of time upon written application of an owner. If the required device is not installed within the required time limit, the Fire Chief of the Borough of Masontown or other appropriate borough official shall issue a written order requiring the building or structure to be vacated and the use of said building or structure to cease forthwith.
An approved automatic fire- and smoke-detecting device is hereby required for each 5,000 square feet of floor area or portion thereof. Said device shall be mounted on the ceiling or on a wall not more than 12 inches from the ceiling at a point centrally located. When activated, said device shall provide an audible alarm sufficient to alert and warn the occupants within said five-thousand-square-foot area or portion thereof.
When activated, the automatic fire- and smoke-detection device shall provide an audible alarm sufficient to alert and warn the occupants of said building or structure or dwelling unit. Said audible alarm shall provide a distinctive tone and shall not be used for any other purpose than that of a fire alarm. It shall be located so as to be effectively heard above all other sounds by all the occupants in every occupied space within the building.
Upon the installation of a required automatic fire- and smoke-detection device and thereafter, the owner or occupant of any building or structure, portion thereof or dwelling unit therein shall maintain said device in proper operating condition at all times.
Any owner of any building or structure described hereinbefore who desires an exception from the provisions of this chapter shall submit a written request to the Borough Council. Upon receipt of said written request, a copy thereof shall be forwarded to the Fire Chief of the Borough of Masontown for recommendation. If it is found that the required fire- and smoke-detecting device is not required to protect the public health, welfare and safety of the inhabitants of the Borough of Masontown, the Borough Council, with the consent of the Fire Chief, shall approve said exemption.
Any owner, operator or occupant or other person in charge of any structure or premises described herein shall give the Fire Chief of the Borough of Masontown or other appropriate borough official free access thereto and it shall be unlawful to refuse or impede entrance to said structure or premises for the purpose of making any required inspection under this chapter.
If any such owner, operator or occupant or other person in charge refuses or impedes any required or lawful inspection, the Borough of Masontown may seek, in a court of competent jurisdiction, an order that such owner, operator, occupant or person in charge shall cease and desist with such interference.
Any person, firm or corporation violating any provision of this chapter shall, upon conviction before any District Justice, be sentenced to pay a fine not in excess of $1,000 and costs of prosecution and, in default of the payment of such fine and costs, to be imprisoned in the county jail for a period not in excess of 90 days. Each violation of the provisions of this chapter and each day any violation exists or continues shall constitute a separate offense.