[HISTORY: Adopted by the Board of Supervisors of the Township of
Mahoning 4-9-1984. Amendments noted where applicable.]
GENERAL REFERENCES
Uniform construction codes — See Ch. 111.
It shall be the responsibility of every owner of a residential structure
or conversion apartment which is constructed within the Township after the
date of this chapter or the grantee of any residential structure within the
Township after the date of this chapter or the owner of any rental property
situate within the Township any part of which is used as a residence or is
converted into an apartment to install smoke detectors in such residential
structures as hereinafter provided.
All single-family, two-family and multifamily apartments and rooms rented
for sleeping purposes shall be equipped with the requisite number of smoke
detectors within 180 days of the effective date of this chapter.
As used in this chapter, the following terms shall have the meanings
indicated:
A device which, operating on the ionization principle, emits an audible
signal when activated by smoke or fire. The smoke detector must meet or exceed
the standards set forth by the Factory Mutual Research Corporation or Underwriter's
Laboratories.
A.
At least one smoke detector shall be installed at the
top of each stairway, and in a hallway leading to the sleeping area in such
manner as to assure that rising smoke is not obstructed in reaching the detector
and the detector can intercept rising smoke before it reaches the sleeping
area. A "sleeping area" is defined as the area or areas of the family living
unit in which the bedrooms (or sleeping rooms) are located. Where bedrooms
or rooms ordinarily used for sleeping are separated by other-use areas (such
as kitchens or living rooms, but not bathrooms or closets), they shall be
considered as separate sleeping areas for the purposes of this section.
B.
There shall be a minimum of one smoke detector installed
per level in said residential structures.
As an alternative to self-contained smoke detectors, an approved fire
detection system may be installed, provided the same is Underwriter's Laboratories
approved.
All applications for building permits under this chapter shall contain
a drawing showing the proposed locations of the smoke detectors as required
by this chapter in buildings to be constructed.
A.
It shall be the responsibility of the Mahoning Township
Zoning Officer to issue permits in accordance with the requirements of this
chapter.
B.
Failure to install smoke detectors after making such
certification on the building permit application is a separate violation of
this chapter in addition to any other violation of law such as false answering
to public authorities.
C.
The Mahoning Township Fire Chief is hereby authorized
to investigate written complaints made by residents of rental properties concerning
compliance with the provisions of this chapter. In the event that the said
Fire Chief reasonably determines after investigation of the complaint that
a violation of the provisions of this chapter has occurred, the said Fire
Chief shall notify the owner of the rental property of the nature of the violation
and permit the owner of the rental property 10 days in which to comply with
the provisions of this chapter prior to instituting any charge for any violation
with the office of the District Justice.
The Fire Chief is authorized upon determination of any said violation
to notify the owner of the residential or rental property of the nature of
the violation and permit the owner 10 days in which to comply with the provisions
of this chapter prior to instituting any charges for any violation with the
office of the District Justice.
Any owner or owners of a residential property who fails to comply with
the provisions of this chapter shall, upon being found liable therefor in
a civil enforcement proceeding commenced by the Township before a District
Justice, be fined an amount not to exceed $100 for the first offense, and
for each subsequent offense an amount not less than $200 nor more than $300,
plus all court costs, including reasonable attorney's fees, incurred by the
Township in the enforcement of this chapter. No judgment shall be imposed
until the date of the determination of the violation by the District Justice.
If the defendant neither pays nor timely appeals the judgment, the Township
may enforce the judgment pursuant to the applicable Rules of Civil Procedure.
Each day a violation exists shall constitute a separate offense. Further,
the appropriate officers or agents of the Township are hereby authorized to
seek equitable relief, including injunction, to enforce compliance herewith.
