[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.
