[HISTORY: Adopted by the Town Board of the
Town of West Seneca 12-2-1985.
Amendments noted where applicable.]
A.
The Town Board hereby finds and declares that smoke
detectors, when properly installed and maintained, are of significant
value in the preservation of public safety and welfare, and minimizes
property loss in case of fire.
B.
In consideration of the foregoing, and in accordance
with the specifications of the Town Board to enact legislation, it
is directed that smoke detectors be installed in all existing dwellings,
multiple dwellings, and commercial and industrial structures.
As used in this chapter, the following terms
shall have the meanings indicated:
Any battery-powered, alternating-current-powered or combination
battery-powered/alternating-current-powered ionization, or photoelectric-type
detector that bears the approval stamp or mark of Underwriters' Laboratories,
Inc., or another recognized testing laboratory.
That the unit or units are positioned or located and installed
per the manufacturer's instructions. Approved wiring shall be as prescribed
by the New York Board of Fire Underwriters.
Any use of this phrase refers to the Town Building Inspector,
Assistant and/or Fire Inspector.
Any device designed and tested for the express purpose of
detecting products of combustion, either visible or invisible, and
bearing the mark or stamp of approval of Underwriters' Laboratories,
Inc., or another nationally recognized testing laboratory.
A system of water supply, distribution and application appurtenances
designed, tested and installed in strict accordance with the New York
State Uniform Fire Prevention and Building Code.
A.
Dwellings. Smoke detectors shall be installed and
maintained operable in accordance with the provisions of this chapter
in all dwellings and multiple dwellings as same are defined in New
York State Uniform Fire Prevention and Building Code[1] adopted by the Town of West Seneca.
[1]
Editor's Note: See Executive Law § 370
et seq.
B.
Commercial and industrial buildings. Smoke detectors
shall be hard wired for installation and maintained in an operable
condition at all times in accordance with the provisions of this chapter
in all new commercial and industrial buildings and all existing commercial
and industrial buildings.
[Amended 2-5-1990; 11-28-2011 by L.L. No. 10-2011]
C.
The exceptions to the applicability requirements of
this section are: in special or unique types of occupancies, where
a smoke detector system may be ineffective due to the constant presence
of internal combustion, engine exhaust, steam or other substance which
would cause frequent false alarms, another type of system, approved
by the Inspection Department of the Town of West Seneca, shall be
installed.
A.
Any smoke detector installed in accordance with the
provisions of this chapter shall be an approved type.
B.
Battery-operated smoke detectors may be installed
in existing buildings, provided that such detectors are maintained
in accordance with provisions of this chapter and upon written approval
of the Code Enforcement Officer.
[Amended 11-28-2011 by L.L. No. 10-2011]
C.
Alternating-current-powered smoke detectors shall
have electrical wiring installed in an approved manner.
B.
The building owner or his agent shall be responsible
for the installation.
C.
A no-fee permit shall be required for the installation.
These permits shall be issued by the Inspection Department of the
Town of West Seneca.
D.
The building owner or his agent shall provide or post
within each guest room or multiple dwelling unit written operating
instructions for the smoke detectors installed therein.
Maintenance of smoke detectors shall be the
responsibility of the building owner or his agent in accordance with
the following provisions:
A.
Battery-powered smoke detectors shall have new batteries
installed therein in accordance with the manufacturer's specifications.
B.
Necessary maintenance or replacement of smoke detectors
shall be the responsibility of the building owner or his agent; provided,
however, that the renter or lessee shall notify the building owner
or his agent of the need for such maintenance or replacement.
C.
The building owner or his agent shall assume no liability
in the event that any unauthorized person, renter or lessee tampers
with, attempts to repair or damages any smoke detector so as to render
it inoperative.
Smoke detectors required by this chapter shall
be installed and operational in all affected buildings in accordance
with the provision of this chapter but in no event later than one
year after the adoption of this chapter.
The building owner or his agent shall be required
to certify that smoke detectors have been installed in accordance
with this chapter. Such written certification shall be furnished to
the Inspection Department once a year, on June 30 of each and every
year. The Inspection Department shall have the right to inspect annually
any building which is required to be in compliance with this chapter.
Any person or persons, association or corporation
violating the provisions of this chapter, the New York State Uniform
Fire Prevention and Building Code,[1] or any section or provision thereof is guilty of a violation
punishable by a fine not exceeding $250, or by imprisonment for a
period not exceeding 15 days for each such offense, or by both such
fine and imprisonment.
[1]
Editor's Note: See Executive Law § 370
et seq.
