[HISTORY: Adopted by the Borough Council of the Borough of
Jenkintown 5-22-2006 by Ord. No. 2006-2.[1] Amendments noted where applicable.]
[Amended 5-22-2017 by Ord. No. 2017-5]
This chapter shall be known and may be cited as the "Jenkintown
Borough Alarms and Smoke Detector Ordinance."
[Amended 5-22-2017 by Ord. No. 2017-5]
A.
The Borough Council of the Borough of Jenkintown has determined that
alarms are installed for the protection of the property, the property
owner and the occupants of the property. Many fire alarm activations
are received when buildings are unoccupied, thus making entry for
the emergency services difficult and a time delay, not to mention
a burden for the Police Department once forced-entry is made. With
the installation of a designated "lock box system" entry is immediate,
there is no damage, and there is no need for the police to remain
at the location until ownership arrives.
B.
False activation of any alarms requiring police, fire and/or emergency
medical assistance is detrimental to the welfare and safety of the
citizens of Jenkintown Borough and the members of the above-stated
disciplines, and the receipt of said false alarms and/or notifications
by any of the above detracts from the efficiency of said departments
in discharging their responsibilities to the citizens and property
owners of the Borough of Jenkintown. It is hereby declared to be the
policy to safeguard and protect the citizens, property owners and
businesses of Jenkintown Borough, the members of the Police Department
and the members of the volunteer fire companies from such hazards
and risk.
C.
The Borough Council of the Borough of Jenkintown has determined that
smoke detectors are necessary for the protection of the property,
the property owner and the occupants of the property. The National
Fire Protection Association (NFPA) recommends placement of at least
one smoke alarm on every level of the home (including basements) and
in every bedroom, and outside each sleeping area.
[Amended 8-2-2010 by Ord.
No. 2010-5; 5-22-2017 by Ord. No. 2017-5]
The following words and phrases, when used in this chapter,
shall have the meanings given to them in this section, unless the
context clearly indicates otherwise:
Any assembly or equipment, mechanical, electrical or battery-operated,
arranged to signal county dispatch of the occurrence of a fire, police
emergency, emergency medical assistance or other hazard emergency
requiring urgent attention.
A device that controls and extinguishes fires without human
intervention.
The record owner of any improved real estate within the Borough
of Jenkintown.
A building, structure or facility that is not a residential
building.
Any emergency medical unit dispatched by the Montgomery County
Dispatch Center responding to the Borough of Jenkintown.
An alarm activated in the absence of a need for response
of police, fire, emergency medical services or other hazard emergency
willfully, by inadvertence, negligence or unintentional act, to which
emergency units of the above disciplines respond.
The Jenkintown Borough Fire Department, Independent Fire
Company, Pioneer Fire Company, their successors and their designated
backup units.
Fire, smoke, or heat condition or an activation of an automatic
extinguishing system due to fire or heat condition indicating a fire.
An explosion or leak of a toxic gas, liquid or solid or a
potential explosion or leak of a toxic gas, liquid or solid or an
electrical or other utility leak, short, or interruption of any nature
that may cause a hazard to the public.
A high-security key box system manufactured by the Knox Company
of Irvine, California, designed to give firefighters and emergency
services personnel immediate access to locked buildings and other
secured areas.
The Jenkintown Borough Police Department, its successors
and its designated backup units and/or departments.
Any activation of an alarm, automatic, manual or by any other
means, that would generate a request for immediate police response.
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.
A device that senses smoke, typically as an indicator of
fire.
Any existing building owner, residential or nonresidential,
whose building is connected to an alarm system which experiences three
false alarms within a calendar year shall be subject to a fine of
$100 per incident for the third and subsequent false alarms within
this period.
A.
Any existing building owner of a commercial building whose building
is currently connected to an alarm system which experiences two false
fire alarms within 12 consecutive months shall be required to install
a Knox box (boxes), the number and location of which shall be prescribed
by the Fire Department or its designee.
[Amended 8-2-2010 by Ord. No. 2010-5]
B.
Any existing residential building owner whose building is connected
to an alarm system which experiences three false fire alarms within
12 consecutive months shall be required to install a Knox box, the
location of which shall be prescribed by the Fire Department or its
designee.
[Amended 8-2-2010 by Ord. No. 2010-5]
C.
After the effective date of this chapter, any nonresidential building
owner installing an alarm system shall be required to install a Knox
box, the number, type and/or size as well as the location shall be
approved by the Fire Department or its designee. A certificate of
occupancy shall not be issued until said Knox box is installed and
placed into service by the Fire Department or its designee.
D.
Any commercial building undergoing a change in use/occupancy shall
be required to install a Knox box, the location of which shall be
prescribed by the Fire Department or its designee.
[Added 8-2-2010 by Ord. No. 2010-5]
E.
Where access to a building or a structure is restricted because of
secured openings and where immediate access may be necessary for emergency
purposes, the Fire Code Official is authorized to require a key box
to be installed in an approved location. The key box shall be of an
approved type by the Fire Code Official.
[Added 10-23-2017 by Ord.
No. 2017-7]
F.
The contents of the key boxes shall contain:
[Added 10-23-2017 by Ord.
No. 2017-7]
(1)
Keys, magnet cards, and door codes to locked points of ingress, whether
on the interior or exterior of such property.
(2)
Keys and/or magnet cards to locked mechanical equipment rooms.
(3)
Keys and/or magnet cards to locked electrical rooms or panels.
(4)
Keys and/or magnet cards to locked elevator room or control.
(5)
Keys to fire alarm equipment.
(6)
Keys to fire department elevator override.
(7)
Keys and/or magnet cards to other areas as directed by the Fire Code
Official.
(8)
Keys and/or magnet cards to landlord spaces and sprinkler control/valve
rooms.
G.
Keys to key boxes shall be held only by the Fire Marshal's Officer,
Building Code Official and the Fire Chief. Keys issued to the Fire
Department for key boxes will be kept on the apparatus and/or in the
possession of authorized Fire Department personnel. The Fire Marshal's
Officer shall retain custody of a Knox box key for the purpose of
emergencies or placing new or replacement items in the key boxes.
[Added 10-23-2017 by Ord.
No. 2017-7]
H.
This section shall apply to all new and existing office, storage,
institutional, educational, commercial and manufacturing buildings
and all new and existing residential buildings with four living units
or greater.
[Added 10-23-2017 by Ord.
No. 2017-7]
[Added 8-2-2010 by Ord. No. 2010-5; amended 10-23-2017 by Ord. No. 2017-7]
A.
Knox boxes and alarm panels within the Borough shall be maintained
as follows:
(1)
Properties with magnet cards or fobs as primary access must have
a manual key backup in the event of a system failure.
(2)
Properties with multiple access points and multiple keys and/or cards
shall have a printed corresponding legend. Keys will have plastic
or metal engraved tags on each key and be referenced on the legend
(paper tags with metal rings are not acceptable). Legends must be
updated with each key change or update. The legend will be provided
to the Fire Marshal's Officer, Building Code Official and the
Fire Chief to be kept in a Vital Building Information Book.
(3)
A document that contains property representatives' names, and
emergency contact numbers shall also be provided to the Fire Marshal's
Officer, Building Code Official and the Fire Chief to be kept in a
Vital Building Information Book. Names should be listed in contact
order and response distance to the property.
(4)
Property owners/managers/tenants located beyond a reasonable response
time/distance (45 minutes) must have an additional designated person
that can assume responsibility, respond and meet with the Fire Department
personnel on site within a designated time frame.
(5)
The owner/operator of the building shall notify the Fire Marshal's
Officer, Building Code Official, and the Fire Chief immediately and
provide a new key when a lock is changed or re-keyed. The key to such
lock shall be secured in the Knox box. It shall be the property owner's
responsibility to maintain the Knox box and affect any required repairs
when deemed necessary by the Fire Marshal's Officer, Building
Code Official or the Fire Chief.
(6)
Any and all alarm panel codes and procedures for alarm silence and
reset procedures shall be printed and securely fastened to the main
alarm panel. If a main alarm panel is unavailable because of age or
style, the procedures must be provided to the Fire Marshal's
Officer, Building Code Official and the Fire Chief to be included
in the Vital Building Information Book.
B.
Properties that do not keep Knox box and alarm panel contents updated
(as listed above) are subject to access/entry by the Fire Department
through all possible means when an emergency situation exists.
A.
Any building owner or occupant of said building that is found to be in violation of the requirements of § 60-4 shall be subject to the fines mentioned in said section.
B.
Any building owner who shall violate § 60-5 shall, upon conviction in a summary proceeding, be punishable by a fine of not less than $50 nor more than $1,000 together with the cost of prosecution or to imprisonment for a period of 90 days, or both. Each day or portion thereof that such violation continues, or is permitted to continue, shall constitute a separate offense. Section 60-5 shall be enforced by action brought before a Magisterial Court in the same manner provided for the enforcement of summary offenses under the Pennsylvania Rules of Criminal Procedure.
C.
Fines and costs imposed under the provisions of this chapter shall
be payable to the Borough of Jenkintown.
[Added 5-22-2017 by Ord.
No. 2017-5]
A.
All buildings and structures used for residential occupancy, including
but not limited to single-family dwellings, multifamily dwellings,
multifamily apartment houses, boardinghouses, lodging homes, rooming
houses, tourist homes, bed-and-breakfast homes, dormitories, hotels,
motels and residential buildings, shall have smoke detectors installed
in each sleeping area of said building or structure. Where bedrooms
or rooms habitually used for sleeping are separated by other use areas,
such as kitchens, living rooms or dining rooms, they shall be considered
as separate sleeping areas for the purpose of this section. Additionally,
in each multifamily dwelling or apartment house containing three or
more units and in each boardinghouse, lodging home, rooming house,
bed-and-breakfast home, tourist home, dormitory, hotel, motel and
resident building, smoke detectors shall be installed in the cellar
and/or basement and on every floor in common areas (e.g., basements,
cellars, hallways, corridors, etc.) along with those placed in sleeping
areas.
B.
It shall be the responsibility of the owner of each new residential
occupancy unit and each existing residential occupancy unit in any
structure having at least one occupant to install smoke detectors
as heretofore provided. It shall be the responsibility of the tenants/residents
in all occupied units and of the owner in all other cases to maintain
said smoke detectors. Such maintenance shall include keeping the smoke
detectors units serviceable by replacing batteries when necessary
or by keeping them connected to an electric source so that they remain
capable of transmitting an audible signal in the presence of smoke.
C.
If upon the transfer of ownership or change in the occupancy of a
residential property, the owner is unable to obtain entry into the
property prior to the application for a use and occupancy certificate
or a temporary use and occupancy certificate, the owner shall submit
an affidavit to the Borough attesting that smoke detectors will be
installed in the property within the timeframes as outlined in the
chapter titled "Change in Use and Occupancy" relating to obtaining
said certificate.[1]
[Added 5-22-2017 by Ord.
No. 2017-5]
A.
In all other buildings and/or structures in the Borough for which
a use and/or occupancy permit has been issued, smoke detectors shall
be installed and placed so as to provide adequate coverage for the
structure in accordance with standards set forth in the 2009 International
Fire Code (the "code"), three copies of which are on file in the office
of the Secretary at the Municipal Building.
B.
It shall be the responsibility of the owner of each new structure and each existing structure having at least one occupant, other than those structures identified in Subsection A above, to install smoke detectors as heretofore provided. It shall be the responsibility of the tenants/occupants in all such occupied units and of the owner in all such unoccupied units, if any, to maintain said smoke detectors. Such maintenance shall include keeping the smoke detector units serviceable by replacing batteries when necessary or by keeping them connected to an electrical source so that they remain capable of transmitting an audible signal in the presence of smoke.
[Added 5-22-2017 by Ord.
No. 2017-5]
Each smoke detector shall be capable of sensing visible or invisible
particles of combustion and shall be capable of producing an audible
alarm thereof. Each smoke detection device utilized shall be maintained
in operable condition and shall be of a type certified by a nationally
recognized inspection agency, such as Underwriter's Laboratories,
Inc., as a properly operating fire detection device for the protection
of life safety.
[Added 5-22-2017 by Ord.
No. 2017-5]
In addition to any owner or tenant who fails to carry out the
obligations imposed hereby, any person or persons who remove or destroy
any smoke detector (except the owner or tenant for the purpose of
immediate replacement) shall be deemed in violation of this chapter.
[Added 5-22-2017 by Ord.
No. 2017-5]
In any new construction, smoke detectors shall be hard-wired
directly to the building's power supply. In all existing structures,
it is preferred that smoke detectors be hard-wired to the building's
power supply; however, a monitored battery supply is acceptable for
residential structures. All existing nonresidential structures covered
by this chapter shall be protected by a hardwired smoke detector.
[Added 5-22-2017 by Ord.
No. 2017-5]
Alternative fire detection and/or prevention systems may be
installed as a substitute for the smoke detectors required hereunder,
provided that such alternative fire detection/prevention system has
been individually approved and a permit therefor issued by the Code
Enforcement Officer of the Borough (or such other persons as the Borough
Council shall designate by resolution). Alternate fire detection and/or
prevention systems installed and in operation prior to and on the
effective date of this chapter are hereby deemed acceptable, provided
that such systems are in conformance with the standards of the above
code.
[Added 5-22-2017 by Ord.
No. 2017-5]
Any person who violates §§ 60-8 through 60-13 shall, upon conviction thereof before any District Justice of the Borough or any other court having jurisdiction over the same, be sentenced to pay a fine of not more than $1,000 and costs of prosecution for each offense and, in default of payment of such fine and costs, to imprisonment on the county jail for not more than 30 days. Any architect, engineer, builder, contractor, agent, person or corporation employed in connection therewith who may have assisted in the commission of any such violation shall each be guilty of a separate offense and, upon conviction thereof before any District Justice in the Borough or other court having jurisdiction over the same, be sentenced to pay a fine of not more than $1,000 and costs of prosecution for each offense and, in default of payment of such fine and costs, to imprisonment on the county jail for not more than 30 days. Each day that a violation continues shall be deemed a separate offense.
