[Ord. 85-6, 5/21/1985, § 1]
As used in this Part 3 the following words shall be defined
as follows:
Within 15 linear feet.
A structure, building, area, room, or combination of rooms
occupied by persons for sleeping or living.
A combination of rooms occupied as a single unit.
A building or part thereof used for the lodging, boarding
and nursing care, on a twenty-four-hour basis, of persons who, because
of mental or physical incapacity, may be unable to provide for their
own needs and safety without the assistance of another person. This
includes nursing and convalescent homes, skilled nursing facilities,
intermediate care facilities, and infirmaries for homes for the aged.
Any person who, alone, or jointly or severally with other
persons, has legal title to any premises. This includes any person
who has charge, care or control over any premises as an (a) agent,
officer, fiduciary, or employee of the owner; (b) the committee, conservator,
or legal guardian of an owner who is incompetent, a minor, or otherwise
under a disability; (c) a trustee, elected or appointed, or a person
required by law to execute a trust, other than a trustee under a deed
of trust to secure the payment of money; or (d) an executor, administrator,
receiver, fiduciary, officer appointed by any court, or other similar
representative of the owner or his estate. This does not include a
lessee, a sublessee or other person who merely has the right to occupy
or possess a premises.
A building, or part thereof, used for the lodging or boarding
of persons who are incapable of self-preservation because of age or
physical or mental limitation, or who are detained for correctional
purposes. This includes homes for the aged, nurseries (custodial care
for children under six years of age), institutions for the mentally
retarded (care institutions), and halfway houses. This does not include
day care facilities that do not provide lodging or boarding for institutional
occupants.
A bedroom or room intended for sleeping or a combination
of bedrooms or rooms intended for sleeping within a dwelling unit,
which are located on the same floor and not separated by another habitable
room, such as a living room, dining room or kitchen but not a bathroom,
hallway or closet. A dwelling unit may have more than one sleeping
area. This does not include common usage areas and structures with
more than one dwelling unit, such as corridors, lobbies and basements.
A device which detects visible or invisible particles of
combustion, and is capable of providing a suitable audible alarm of
at least 85 decibels at 10 feet, of either ionization or photoelectric
type.
[Ord. 85-6, 5/21/1985, § 2]
The owner of each new or existing multi-family residential structure
or dwelling unit, hotel, motel, nursing home, and residential-custodial
care facility shall install smoke detectors in such structures as
hereinafter provided.
[Ord. 85-6, 5/21/1985, § 3]
Smoke detectors shall be installed in the following locations:
1.Â
The owner of each multi-family residential structure or dwelling
unit shall install at least one smoke detector to protect each sleeping
area or at least one detector at the top of each stairway leading
to a sleeping area or if no stairway leads to a sleeping area, the
hallway leading to the area. In an efficiency, the owner shall install
the smoke detector in the room used for sleeping. Smoke detectors
installed in or near a stairway or hallway leading to a sleeping area
shall be installed in such a manner as to assure that rising smoke
is not obstructed in reaching the detector.
2.Â
The owner of each multi-family residential structure or dwelling
unit shall install at least one smoke detector adjacent to each kitchen
area.
3.Â
The owner of each hotel and motel shall install at least one smoke
detector to protect each guest room or guest suite. The owner of each
hotel and motel shall install smoke detectors in accordance with the
Building Code of the Borough of Mifflinburg and this Part 3 and as
directed and approved by the Borough Code Enforcement Officer in conjunction
with the Borough Fire Chief.
4.Â
The owner of each nursing home, and residential-custodial care facility
shall install smoke detectors in each corridor that is adjacent to
a room used for sleeping but in no case may the detectors be placed
further apart than 30 feet or more than 15 feet from any wall, or
in each room used for sleeping. Locations shall be approved by the
Borough Code Enforcement Officer in conjunction with the Borough Fire
Chief.
5.Â
An owner subject to this Part 3 shall install each smoke detector
on the ceiling at a minimum of six inches from the wall or on a wall
at a minimum of six inches from the ceiling, but shall not install
smoke detectors in a dead air space, such as where the ceiling meets
the wall.
[Ord. 85-6, 5/21/1985, § 4]
As an alternative to self-contained smoke detectors, an approved
fire detection system may be installed. Each such system must be approved,
and a permit issued therefor, by the Borough Code Enforcement Officer
in conjunction with the Borough Fire Chief.
[Ord. 85-6, 5/21/1985, § 5]
All devices, combination of devices, and equipment required
by this Part 3 are to be installed in accordance with the Building
Code of the Borough of Mifflinburg and this Part 3 as directed and
approved by the Borough Code Enforcement Officer in conjunction with
the Borough Fire Chief. Such approval shall be permanent, unless the
Borough Code Enforcement Officer or the Borough Fire Chief subsequently
finds the equipment to be hazardous or unreliable, in which case the
said Borough[1] analysis may revoke their approval. The Borough Code Enforcement
Officer or the Borough Fire Chief may in any such case determine whether
replacement of existing installation shall be required.
[1]
Editor's Note: Information missing from Ordinance 85-6.
[Ord. 85-6, 5/21/1985, § 6]
In existing multi-family residential structures or dwelling
units, hotels, motels, nursing homes, and residential-custodial care
facilities, smoke detectors shall be powered by self-monitored batteries
or wired directly to the building's power supply, or shall be
operated in a plug-in outlet which is fitted with a plug restrainer
device, provided the outlet is not controlled by any switch other
than the main power supply. In all such new structures, smoke detectors
shall be wired directly (hard wired) to the building's power
supply.
[Ord. 85-6, 5/21/1985, § 7]
An owner subject to this Part 3 shall maintain each smoke detector
in a reliable operating condition and shall make periodic inspections
and tests to insure that each smoke detector is in proper working
condition.
[Ord. 85-6, 5/21/1985, § 8]
All applications for building permits for new multi-family residential
structures or dwelling units to be constructed shall contain a drawing
showing the proposed locations of smoke detectors as required by this
Part 3 and the type of detector to be installed before a permit is
issued. No owner may permanently wire a smoke detector to the electrical
system of a structure without first obtaining an electrical permit
from the Borough Fire Chief.
[Ord. 85-6, 5/21/1985, § 9]
Any owner who shall fail to comply with the requirements of
this Ordinance [this Part 3] or violate the terms hereof shall upon
conviction in a summary proceeding before a Magistrate be sentenced
to pay fine of not less than $25 nor more than $300, plus costs of
prosecution, and, in default of payment of such fine and costs, be
imprisoned for period not in excess of one day for each dollar in
default.
[Ord. 85-6, 5/21/1985, § 10]
In the event of a conflict between this Ordinance and the BOCA
Basic Fire Prevention Code, 1981 Edition thereof, this Ordinance shall
take precedence. Otherwise, all other ordinances or parts of ordinances
inconsistent herewith be and the same are hereby repealed.
