[HISTORY: Adopted by the Borough Council of the Borough of
Sinking Spring 9-6-1984 by Ord.
No. 443A.[1] Amendments noted where applicable.]
[1]
Editor's Note: Original Section 6 of Ord. No. 443A provided
that said ordinance would take effect 10-7-1984.
All residential occupancy units shall have functioning smoke
detectors installed in such locations as to protect each sleeping
area.
As used in this chapter, the following terms shall have the
meanings indicated:
Includes any building or structure or portion thereof occupied
by persons for whom sleeping accommodations are provided, including
but not limited to one- and two-family dwellings, lodging or rooming
houses, dormitories, apartment buildings, hotels and single-family
attached and detached dwellings.
The area or areas of the living unit in which the bedroom
or sleeping rooms are located. Where bedrooms or rooms habitually
used for sleeping are separated by other areas, such as kitchens or
living rooms, but not bathrooms or closets, each shall be considered
as separate sleeping areas for the purposes of this section.
A.
It shall be the responsibility of the tenant (lessee) or resident
to install and maintain smoke detectors except in the instances of
rooming houses or boardinghouses (which do not furnish full and separate
family living accommodations, including private bedrooms, living and
eating areas, kitchens, baths, etc., attributable exclusively to the
individual lessee), licensed hotels or licensed motels, wherein the
owner of the premises shall be responsible for the installation and
maintenance of smoke detectors in compliance with this chapter.
B.
Maintenance shall include keeping 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.
C.
The removal or destruction of any smoke detector by any person except
an owner for the purpose of immediate replacement is strictly forbidden.
A.
Smoke detectors may be wired (hard-wired) to the building power supply
or be a monitored battery-supply-type unit.
B.
Each detector shall be capable of sensing visible or invisible particles
of combustion, except that detectors sensitive only to heat are not
acceptable. Alarm signaling devices shall be rated at not less than
85 decibels at 10 feet and shall be clearly audible in adjacent bedrooms
when all intervening doors are closed. For the purpose of installation
and maintenance only, the applicable section of the National Fire
Protection Association No. 74, Standard for the Installation, Maintenance
and Use of a Household Fire Warning System, shall be considered accepted
engineering practices. All detectors shall be listed by Underwriters'
Laboratories, Inc. The system, if powered by electricity, shall be
primarily or secondarily powered by battery and shall be constructed
so as to give off a continuous audible or visual signal when its batteries
require replacement or recharge.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
Any person who violates or permits a violation of this chapter
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 chapter 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 chapter in equity in the Court of Common
Pleas of Berks County.
