[Adopted 6-21-1979 by Ord. No. 695]
As used in this article, the following terms shall have the meanings indicated:
DWELLING
Includes any structure or building in which it is intended or likely that people will dwell or habitat and shall specifically include any structure or building in which it is intended or likely that people will sleep. By way of illustration but without limitation, the term shall include single-family residences, duplexes, apartment houses, condominiums, hotels, motels and boarding houses.
PERSON
Includes any person, firm, association, group or corporation and includes the plural as well as the singular.
Before any person shall occupy, inhabit or use any dwelling or part thereof in the Borough of Media as owner or before any person being the owner shall lease or let or re-lease or re-let any dwelling or part thereof to any other person, such owner shall install or cause to be installed therein a smoke detector system meeting the specifications outlined herein.
In order for a smoke detector system to meet the requirements of this article, the following shall be required:
A. 
The systems shall have individual smoke sensors and audible alarms located in or near each room or portion of the dwelling where it is intended or likely that people will sleep. The system is required to be within every dwelling unit providing complete independent living facilities for one or more persons and, as well, hotel and motel rooms and boardinghouse sleeping rooms.
[Amended 8-13-1983 by Ord. No. 749]
B. 
The system, at each such location, shall be capable of generating an audible alarm of sufficient loudness to alert sleeping persons.
C. 
The system shall be sufficiently sensitive to smoke so as to sound an alarm upon the presence of a level of smoke which would be detectable by ordinary human senses.
D. 
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.
Any smoke detection system installed pursuant to this article shall be maintained in good working order so long as the building or structure in which it is located is maintained or used as a dwelling. "Good working order" shall include batteries with sufficient charge or power to sound an alarm meeting the requirements of this article.
The Building Inspector or other such person as the Council of the Borough of Media may from time to time designate shall determine whether the smoke detection system meets the requirements of §§ 165-32 and 165-33 of this article.
Whenever any person is aggrieved by the decision of the Building Inspector or such other designated person, such person may, within 10 days therefrom, take an appeal to the Council of the Borough of Media. Such appeal shall set forth the decision of the Building Inspector or such other designated person and the exception thereto, and if such person desires to appear and be heard he shall be, provided that the appeal filed so states. The decision of the Council shall be final.
[Amended 11-19-1992 by Ord. No. 846]
Any person who, after the effective date of this article, occupies, inhabits or uses any dwelling or part thereof in the Borough of Media as owner or who, being the owner, shall lease or let or re-lease or re-let any dwelling or part thereof to any other person without having installed therein a smoke detector system which meets the requirements of §§ 165-32 and 165-33 hereof shall be in violation of this article and shall, upon conviction thereof, be liable to a fine or penalty not exceeding $1,000, plus costs of prosecution and, in default of payment of such fine and costs, to imprisonment for a period not exceeding 90 days, for each and every offense. Whenever such person shall have been notified by the Building Inspector or such other designated person or official of the Borough of Media or by service of a summons in a prosecution that he is committing such violation of this article, each day in which he shall continue such violation after such notification shall constitute a separate offense punishable by a like fine or penalty.
[Added 8-13-1983 by Ord. No. 749]
Notwithstanding the provisions of § 165-36 hereinabove, the owner of any dwelling unit which requires the installation of a smoke detector system in order to comply with § 165-32, as amended hereby, shall have the duty to comply immediately, except that if the dwelling unit affected is presently occupied under lease, the owner shall have not more than one year from the date hereof to comply or until the termination of the existing lease, whichever shall occur first.
Such fines or penalties shall be collected as like fines or penalties are now or may hereafter by law be collected.
The requirements of this article shall be deemed to be in addition to the requirements of any other federal, state or local law, ordinance or rule which deals with smoke, fire or other safety alarms or systems.