[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:
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.
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.
Includes, but shall not be limited to, stores, malls, offices,
office buildings and indoor recreational areas.
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.
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.
A.
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.
B.
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.
C.
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.
A.
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.
B.
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.
