[HISTORY: Adopted by the Borough Council of the Borough of
Dallastown as indicated in article histories. Amendments noted where
applicable.]
[Adopted 9-12-1955 by Ord. No. 221]
In the interest of public safety and security from fire, the
Fire Chief and the police officers of Dallastown Borough are hereby
designated as Fire Prevention Inspectors and shall have full power
and authority:
A.
To enforce all laws, ordinances, rules and regulations relating to
the manufacture, sale, storage or transportation of inflammable or
explosive substances; and
B.
At any and all reasonable times to enter upon and into any building
or premises, within the Borough of Dallastown, for the purpose of
examining and inspecting the same to ascertain the condition thereof
with regard to the presence, arrangement or location of all appliances,
materials, substances, goods, wares or merchandise therein to determine
whether or not a fire hazard exists.
A Fire Prevention Inspector shall inspect, as often as may be
necessary, all buildings and premises, except the interiors of private
dwellings, for the purpose of ascertaining and causing to be corrected
any conditions liable to cause fire or any violation of law, ordinance,
rule or regulation relating to fire hazards. The interiors of private
dwellings are subject to the provisions of this article, except that
inspection of the same shall be made only when the Fire Chief receives
a written complaint of the existence of a fire hazard therein.
If a Fire Prevention Inspector shall find upon inspection of
any building or premises any rubbish, debris, waste, inflammable or
combustible materials and that the same or any appliances, goods,
wares or merchandise are not so arranged and placed that the occupants
or persons rightfully on or in said buildings or premises would not,
because of such arrangement and disposition, be afforded reasonable
access to the exits in case of fire or shall find that by reason of
such arrangement or disposition the members of the Fire Department
would unnecessarily or unreasonably be interfered with in the exercise
of their duties in case of fire, he shall declare the same a fire
hazard and order its elimination in writing.
If a Fire Prevention Inspector shall find that the equipment
for protection against fire on or in any building or premises is not
in proper condition and in conformity with all laws, ordinances, rules
and regulations relating thereto, he shall order in writing that said
equipment be placed in proper condition and in conformity with all
laws, ordinances, rules and regulations relating thereto.
The service of the orders hereinbefore mentioned shall be made
upon the owner, lessee, occupant, or agent of any of them, of the
building or premises affected, either by delivering to and leaving
with such individual or any person in charge of the building or premises
a copy of the same or, in case no such person is found, by posting
a copy thereof in a conspicuous place on the premises. Said owner,
lessee, occupant, person in charge, or agent of any of them, of such
building or premises must comply with such order or orders within
48 hours after service, unless an appeal is taken as provided hereinafter.
Any person aggrieved by such order may, within 48 hours after
said order has been served, appeal to the Committee on Public Safety
of the Borough Council, which body shall thereupon make such order
in the premises as it may deem right and reasonable, and fix the time
within which the same shall be complied with.
[Amended 4-13-1998 by Ord. No. 432]
Any person or persons violating any of the provisions of this
article or who shall violate or fail to comply with any order or regulation
made thereunder, or who shall obstruct or prevent or attempt to obstruct
or prevent a Fire Prevention Inspector in the discharge of his duties,
shall, upon conviction thereof, be punishable by a fine of not more
than $1,000, plus costs of prosecution, and in default of payment
of such fine and costs by imprisonment for not more than 30 days.
The imposition of a fine for any violation of this article or any
order or regulation made thereunder shall not excuse the violation
or permit it to continue and every such person shall be required to
obey the order within the time limit as specified heretofore. Each
and every day upon which any person continues to violate any provision
of this article or any order or regulation made thereunder shall constitute
a separate offense. The imposition of the above fine shall not be
held to prevent the enforced change of prohibited conditions at the
cost of the person responsible therefor.
In addition to the foregoing remedies, a Fire Prevention Inspector,
together with workmen, may enter at any time any building or premises
in the Borough for the purpose of eliminating a fire hazard, and he
and they are hereby authorized and empowered to eliminate such fire
hazard. The costs and expenses of the elimination of fire hazards
shall be recoverable from the owner or owners of such building or
premises from which the hazard shall be eliminated or from any person
or persons causing or maintaining the same in the same manner as fines
and penalties for violating of an ordinance. The cost of removal may
be entered as a lien against such property in accordance with existing
provisions of law.
[Adopted 3-14-1983 by Ord. No. 356]
[Amended 6-9-2003 by Ord.
No. 493]
All rental units, apartment buildings or non-owner-occupied
buildings with sleeping accommodations in Dallastown Borough shall
be equipped with one or more smoke and heat detectors which shall
be capable of sensing visible and invisible products of combustion
and, when activated, shall provide an alarm suitable to warn the occupants.
The detectors shall be either a photoelectric or ionization design.
If battery operated, they shall give an audible warning when the batteries
are low. It shall also be required that each unit in which a smoke
detector is required shall have not fewer than two fire extinguishers
for residential use, located one in the kitchen or area for cooking
and one in the sleeping area as designated in the premises; except
that if such unit is all contained on one floor, then only one fire
extinguisher shall be required.
The owner of any building requiring a smoke and heat detector
shall be responsible for the installation of the same. It shall be
the responsibility of the occupant of each dwelling unit to maintain
such detectors in good working order; provided, however, that the
owner shall be responsible for the maintenance of such detectors in
hotels, motels, nursing and convalescent homes, rooming and boarding
houses, and similar uses as well as detectors in all residential uses
which are located in areas used in common by more than one occupant.
Each owner shall certify to each new occupant of any structure required
by this article to have smoke and heat detectors that all detectors
or alternate systems required have been installed and are in proper
working condition; provided, however, that this requirement shall
not apply to a facility housing primarily transients. Maintenance
shall include battery replacement.
In new construction, the detectors shall be wired directly (hard
wired) to the building's power supply. In all existing construction,
it is preferred that the smoke detectors be wired (hard wired) to
the building's power supply. However, a monitored battery supply
unit is acceptable.
As an alternative to smoke and heat detectors, an approved fire
detection system may be installed. Each fire detection system must
be individually approved and a permit issued therefor by the Borough.
Within six months after the effective date of this article,
all buildings for which smoke and heat detectors are required shall
have such detectors installed. New construction shall have such detectors
installed, inspected and approved before being occupied by any person
or persons.
At least one smoke and heat detector shall be installed to protect
each sleeping area. A "sleeping area" is defined as the area or areas
of the unit in which the bedrooms (or sleeping rooms) are located.
Where bedrooms or rooms habitually used for sleeping are separated
by other use areas (such as kitchens or living rooms, but not bathrooms
or closets), they shall be considered as separate sleeping areas for
the purposes of this section.
Where a building permit is required by other Borough ordinances,
the regulations with respect to smoke and heat detectors promulgated
by this article shall be incorporated into said permit and inspection
procedure. Where installation is required by this article which is
not covered by existing permit requirements in the Borough, the installations
may be made without a permit; provided, however, that such installations
shall be subject to inspection by the Borough on 24 hours' notice
to the owner and occupant. Notice to the occupant shall not be necessary
in the case of hotels, motels, nursing and convalescent homes, rooming
and boarding houses, and similar uses.
