Borough of Pottstown, PA
Montgomery County
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Table of Contents
Table of Contents

§ 101 Smoke Detectors Required.

[Ord. 1459, 5/11/1981, § 2; as amended by Ord. 1628, 7/10/1989, § 2; and by Ord. 1735, 4/12/1993]
1. 
Smoke Detectors. On or after July 1, 1981, every existing building used for multiple-family occupancy shall be protected by smoke detectors as provided for in this Part. The detector shall be sensitive to any of the products of combustion except that detectors sensitive only to heat are not acceptable unless installed with detectors that sense smoke. Said smoke detectors shall be capable of sensing visible or invisible particles of combustion and each detection device shall be audible with a minimum rating of 85 dBA at 10 feet. Said smoke detectors shall be either the ionization photo-electric or a combination of both built into one unit. They shall be installed by date indicated in the manner hereinafter provided unless any other provision of the Borough, State or Federal law shall require installation before that date. For the purpose of this Section, a "multifamily residential building" shall mean a building containing two or more dwelling units or one dwelling that is rental.
2. 
Location. At least one smoke detector shall be installed within 10 feet to the access of each sleeping area. Said installation shall be done in accordance with the installation instructions provided with each unit, or in variation therefrom, upon the approval of the fire officials. A sleeping area is defined as the area or areas of the dwelling unit in which the bedrooms (or sleeping rooms) are located. Rooms habitually used for sleeping which are separated by other use areas (such as kitchens or living rooms, but not bathrooms or closets) shall be considered as separate sleeping areas for the purpose of this § 101. In addition, a smoke detector shall be installed on each additional story of the family living unit and in all halls, corridors or stairwells of multifamily residential buildings, including basements and cellars as directed by the fire official.
3. 
Equipment. All devices, combinations of devices, and equipment required herein are to be installed in conformance with the provisions of the Building Code [Chapter 5] and this § 101, and said equipment to be installed shall be approved by the fire official.
4. 
Installation. Smoke detectors must be directly hardwired to the building's power supply or operated on a plug-in outlet which is fitted with a plug restrainer device, provided that said outlet is not controlled by any switch, and further provided that there is no switch, cord switch or extension cord on the detector.
5. 
Maintenance. It shall be the responsibility of the property owner or agent to annually inspect and maintain any smoke detector device installed in compliance with the provisions of this § 101, in accordance with the manufacturer's warranty and/or suggested maintenance. In addition, the property owner shall provide any and all tenants or householders access to a copy of the maintenance schedule, operating manual, and any other instructional or precautionary literature which the manufacturer shall supply with the unit. Tests and inspections as recommended by the manufacturer, shall be made by the tenant or householder not less than once a month for other than battery-powered detectors and not less than once a week for battery-powered detectors.
6. 
Certification at Change in Occupancy. At every change of occupancy of every multifamily dwelling unit occasioned by or incidental to a sale, lease, sublease, or change in tenancy, it shall be the duty of the grantor thereof to certify to the tenant, at the time of conveyance and before occupancy, that all smoke detectors as required by this § 101 or other applicable laws are installed and in proper working condition.
7. 
Permits.
A. 
No smoke detector or alternative system shall be directly connected (permanently wired) to the electrical system of the structure unless an electrical permit shall be first obtained from the Inspections Department.
B. 
Council may impose a reasonable fee for the permit for the installation of the permanently wired systems, and if Council desires, it may also charge a fee for the certification at the change of occupancy if his would require inspection by Borough officials.
8. 
Other Standards Applicable. This § 101 is intended to be used with and supplemented by the applicable provisions of the National Fire Protection Association Standard — 72E-1978 and 74-1978, which are hereby incorporated herein. However, if there shall be any conflict between this legislation and any rules and regulations adopted pursuant thereto, and the referenced standards, the provision which affords the greater degree of fire and life safety, as determined by the fire official, shall prevail.
9. 
Alternative. Where smoke detectors are installed as part of an approved fire detection system, the requirements for single station smoke detectors may be set aside. An approved system shall be defined as a combination of devices that meets the requirements of this § 101 and is installed in accordance with National Fire Protection Association standard.
10. 
Penalties. In addition to any sanction or remedial procedure provided, any person violating any of the provisions of this Part or the code adopted hereby or neglecting to comply with any order or notice issued pursuant to a violation of any section thereof shall, upon conviction, for every such violation or failure to comply, be sentenced to pay a fine of not more than $600 and costs of prosecution, and, in default of payment of such fine and costs, to imprisonment for not more than 30 days. Provided; each violation shall constitute a separate offense, and each day's failure to comply with such provision shall constitute a separate offense.