[Adopted 4-2-1985 by Ord.
No. 423; amended in its entirety 7-15-1986 by Ord. No. 425]
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:
Any person or persons living and/or sleeping in a dwelling
unit or having possession of a space within a building.
Person, persons, or entity which holds legal title to real
estate in question, according to the records in the Schuylkill County
Recorder of Deeds Office.
A device which emits an audible signal when activated by
smoke or fire, or which emits a visual and audible signal for the
hearing impaired. The smoke detector must meet or exceed the standards
set forth by Factory Mutual Research Corporation or Underwriters Laboratories,
Inc.
The smoke detector shall always be installed on ceilings or
walls per instructions of the manufacturer but never closer than 12
inches from corners of interior walls. Although final determination
of proper location for placement and type of smoke detector within
each dwelling unit shall be decided by the Borough Fire Chief or Code
Enforcement Officer, the general area in which the smoke detectors
should be installed are:
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
Any owner or owners of a leased and/or rented dwelling unit
or occupant of a dwelling unit who fails to comply with the provisions
of this article or any person who violates or permits a violation
of this article shall, upon being found liable therefor, pay a fine
of not more than $600, plus court costs and reasonable attorneys'
fees incurred by the Borough in the enforcement proceedings. If the
penalty is not paid, the Borough shall initiate a civil action for
collection in accordance with the Pennsylvania Rules of Civil Procedure.
Each day a violation exists shall constitute a separate offense, and
each section of this article that is violated shall also constitute
a separate offense. In addition to or in lieu of enforcement under
this section, the Borough may enforce this article in equity in the
Court of Common Pleas of Schuylkill County.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
Any person convicted of tampering with a smoke detector so as
to render said smoke detector inoperative shall, upon conviction in
a summary proceeding under the Pennsylvania Rules of Criminal Procedure,
be guilty of a summary offense and shall be punishable by a fine of
not more than $1,000, plus court costs and reasonable attorneys' fees
incurred by the Borough in the enforcement proceedings. Upon judgment
against any person by summary conviction, or by proceedings by summons
on default of the payment of the fine or penalty imposed and the costs,
the defendant may be sentenced and committed to the Schuylkill County
correctional facility for a period not exceeding 30 days. Each day
that such violation exists shall constitute a separate offense, and
each section of this chapter that is violated shall also constitute
a separate offense.
