[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.
- DWELLING UNIT
- A structure, building, area, room, or combination of rooms occupied by persons for sleeping or living.
- GUEST ROOM/GUEST SUITE
- A combination of rooms occupied as a single unit.
- NURSING HOME
- 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.
- RESIDENTIAL/CUSTODIAL CARE FACILITY
- 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.
- SLEEPING AREA
- 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.
- SMOKE DETECTOR
- 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:
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.
The owner of each multi-family residential structure or dwelling unit shall install at least one smoke detector adjacent to each kitchen area.
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.
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.
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 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.
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.