[Ord. 2012-02-01, 2/27/2012, § I]
This Part shall be known and may be cited as the "Carbon Monoxide Alarm Standards Ordinance."
[Ord. 2012-02-01, 2/27/2012, § I]
The following words and phrases, when used in this Part, shall have the meanings given to them in this section unless the context clearly indicates otherwise:
Includes:
A single station carbon monoxide alarm listed as complying with ANSI/UL2034 installed in accordance with this Part.
A device that may be combined with a smoke alarm if the combined alarm complies with ANSI/UL2034 for carbon monoxide alarms and ANSI/UL217 for smoke alarms, and emits an alarm in a manner that clearly differentiates between detecting the presence of carbon monoxide and the presence of smoke.
Coal, kerosene, oil, wood, fuel gases and other petroleum or hydrocarbon products which emit carbon monoxide as a by-product of combustion.
A carbon monoxide alarm that is hard-wired into the electrical wiring, directly plugged into an electrical outlet without a switch, other than a circuit breaker, or if the alarm is battery-powered, attached to the wall or ceiling of a residential building in accordance with National Fire Protection Association (NFPA) 720.
Any building or structure consisting of two or more dwelling units where the occupants are primarily permanent in nature and which is wholly or partly used or intended to be used for living or sleeping. The term excludes the following:
Working and in service.
Detached one-family and two-family dwellings, and multiple single-family dwellings which are not more than three stories in height with a separate means of egress, which includes accessory structures.
[Ord. 2012-02-01, 2/27/2012, § I]
1.
Nothing in this Part is intended to modify the authority and responsibilities of the Department of Labor and Industry under the Act of November 10, 1999 (P.L. 491, No. 45), known as the Pennsylvania Construction Code Act.
2.
The Township Manager, or his/her designee, the Code Enforcement and/or the Zoning Officer are authorized to enforce this Part.
3.
Failure to Install or Maintain. Willful failure to install or maintain in operating condition any carbon monoxide alarm required by this Part is a violation of this Part.
4.
Tampering or Removal. Tampering with, removing, destroying, disconnecting or removing the batteries from any installed carbon monoxide alarm, except in the course of inspection, maintenance or replacement of the alarm, is a violation of this Part.
[Ord. 2012-02-01, 2/27/2012, § I]
1.
Existing Residential Building. Each existing residential building having a fossil fuel-burning heater or appliance, fireplace or an attached garage sold after the effective date of this Part shall have an operational and centrally located carbon monoxide detector installed in the vicinity of the bedrooms and the fossil fuel-burning heater or fireplace. Upon sale of a residential building, the seller or buyer shall negotiate to ensure that the building is in compliance with the provisions of this section. The seller shall disclose information regarding the installation of carbon monoxide detectors on the property disclosure statement required by 68 Pa.C.S.A., Chapter 73 (relating to seller disclosures).
2.
Existing Multi-Family Dwellings. Each multi-family dwelling having a fossil fuel-burning heater or appliance, fireplace or an attached garage must have an operational, centrally located and approved carbon monoxide alarm installed in the vicinity of the bedrooms and the fossil fuel-burning heater or fireplace within one year of the effective date of this Part.
[Ord. 2012-02-01, 2/27/2012, § I]
1.
Owner Responsibilities. The owner of a residential building or multi-family dwelling having a fossil fuel-burning heater or appliance, fireplace or an attached garage used for rental purposes, and required to be equipped with one or more carbon monoxide alarms shall:
A.
Provide and install an operational, centrally located and approved carbon monoxide alarm in the vicinity of the bedrooms and the fossil fuel-burning heater or fireplace.
B.
Replace any required carbon monoxide alarm that has been stolen, removed, found missing or rendered inoperable during a prior occupancy of the rental property, and which has not been replaced by the prior occupant before the commencement of a new occupancy of the rental property.
C.
Ensure that the batteries are in operating condition at the time the new occupant takes residence in the rental property.
2.
Maintenance, Repair or Replacement. Except as provided in Subsection 1, the owner of a residential building used for rental purposes is not responsible for the maintenance, repair or replacement of a carbon monoxide alarm or the care and replacement of batteries while the building is occupied. Responsibility for maintenance and repair of carbon monoxide alarms shall revert to the owner of the building upon vacancy of the rental property.
3.
Occupant Responsibilities. The occupant of each residential building and multi-family dwelling used for rental purposes in which an operational and approved carbon monoxide alarm has been provided must:
A.
Keep and maintain the device in good repair.
B.
Test the device.
C.
Replace batteries as needed.
D.
Replace any device that is stolen, removed, missing or rendered inoperable during the occupancy of the building.
E.
Notify the owner or the authorized agent of the owner in writing of any deficiencies pertaining to the carbon monoxide alarm.
[Ord. 2012-02-01, 2/27/2012, § I]
Any person that violates any provisions of this Part or any lawful order relating to this Part by the Township Manager, or his/her designee, shall be subject to a fine of not less than $100 nor more than $600 per violation. Each day that the violation continues is a separate violation. In the event that New Britain Township incurs any expense in the enforcement of this Part, including, but not limited to, court costs and attorneys' fees, the Township shall be entitled to collect such costs from the violator. Any penalties or costs assessed shall be payable to New Britain Township. In addition to fines, judgments and/or costs set forth above, the Township reserves the right to pursue all other available remedies at law or in equity under the laws of the Commonwealth of Pennsylvania.