[HISTORY: Adopted by the Borough Council
of the Borough of Schwenksville as indicated in article histories.
Amendments noted where applicable.]
[Adopted 10-13-2005 by Ord. No. 332[1]]
[1]
Editor's Note: This ordinance also repealed
former Art. I, Smoke Detectors in Multiple-Family Dwellings, adopted
7-8-1982 by Ord. No. 192.
As used in this article, the following terms
shall have the meanings indicated:
Any structure or building within the Borough containing two
or more dwelling units, each of which shall have complete cooking,
toilet and bathing facilities separate from the other unit or units
within the structure.
Any structure or building used wholly or in part as a home,
residence, dwelling or sleeping place for one or more persons, either
permanent or transient, including but not limited to any one- or two-family
dwelling, mobile home, modular home, townhouse; lodging, rooming or
boarding house; hotel, motel, bed-and-breakfast facility; or a residential
occupancy by any other name, be it rented, leased or owned.
A device which is sensitive to any of the products of combustion,
including but not limited to a smoke detector or smoke alarm, which,
when activated, provides an audible alarm to warn occupants of a fire
hazard.
A.
It shall be the duty and responsibility of the owner(s)
of every existing building or structure used as a residential dwelling,
regardless of when the building or structure was built, within the
Borough of Schwenksville to install and have operational smoke detection
devices in accordance with the applicable provisions of the National
Fire Protection Association (NFPA), as amended.
B.
For each new building or structure built after the
effective date of this article, the smoke detection devices shall
be installed in accordance with the applicable standards of the NFPA
and the building codes in effect at the time of the new construction.
C.
Nothing contained in this section shall prohibit the
owner of a residential dwelling from installing an interconnected
smoke detection device, hard-wired to the building's electrical system.
The smoke detection devices must be U.L. (Underwriters
Laboratories) approved devices, capable of automatically 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
detection devices shall be either ionization or photoelectric or a
combination of both built into a single unit.
A.
In all residential dwellings, at least one smoke detection
device shall be installed outside each sleeping area in the immediate
vicinity of the bedrooms and additional smoke detection devices shall
be installed on each story of the residential dwelling, including
basements and attics, if anything is stored in such areas.
B.
In any multifamily residential dwelling, in addition to the requirements in Subsection A, each smoke detection device shall be interconnected so that operation of one smoke detection device shall cause the alarm-sounding devices in all smoke detection devices within the building, occupancy or within a separate zoned area to sound; or that will initiate the building fire alarm system to provide an audible warning to all occupants of the building, and all such smoke detection devices and/or systems shall be hard-wired into the electric system of the building, in accordance with the National Electric Code.
C.
With approval of the Code Enforcement Officer, smoke
detection devices in individual sleeping rooms may be excepted from
the requirement that smoke detection devices be interconnected if
such building or occupancy is provided with an automatic smoke detection
system in the hallways, corridors or stairwell, or is connected to
a building fire alarm system which will activate an alarm which is
sufficiently audible to warn the occupants of the building of the
impending danger of fire or hazard to life.
The compliance date for all existing residential
dwellings shall be October 31, 2006.
A.
Each owner who fails to comply with this article regarding
smoke detection devices shall be fined not less than $100 nor more
than $500 for each offense. The District Courts shall have jurisdiction
over any violation of this article.
B.
Anyone who tampers with, damages, destroys or renders
inoperative any smoke detection device shall be fined not less than
$100 nor more than $500 for each offense. The District Courts shall
have jurisdiction over these violations.
C.
Where a Fire Department responds to an alarm of any
type at a building or structure required to have smoke detection devices
as required by this article or by NFPA, and such building does not
have a functional, working smoke detection device and/or the device
is not operable, is not in service or is not installed or maintained
as required by this article or by NFPA, or the Code Enforcement Officer
becomes aware of such building or occupancy, the Code Enforcement
Officer shall have authority to investigate. The Code Enforcement
Officer may issue a summons, where necessary, to the owner and/or
occupant of such building or structure for an appearance in the nearest
District Court.
D.
Each fine specified in this section of this article
shall be remitted to the Borough Hall. All receipts shall be used
to subsidize the costs of providing a greater public awareness of
the ramifications of not having smoke detection devices; and to provide
smoke detection devices where possible.
Failure to comply with this article shall not
be considered as evidence of either comparative or contributory negligence
in any civil suit or insurance claim adjudication arising out of any
injury or death arising from a fire or the direct consequence of a
fire; nor shall failure to comply with this article be admissible
as evidence in any trial of any civil action or insurance claim adjudication.
[Adopted 11-8-2018 by Ord. No. 395]
To protect and promote health, safety, and welfare of the residents
of the Borough, particularly commercial businesses when the Fire Department
is unable to gain access to the structure via standard means, or multiresident
structures are built in such a way that a main point of entry is secured,
and in circumstances in which occupants are unable to respond to open
the structure. The installation of a rapid entry lock box system (Knox
Box) will result in less damage to structures, and reduced response
time, when doors do not need to be forced opened. The Knox Box system
is a UL listed and approved lock box which only the local Fire Department
providing emergency services to the Borough and Borough Fire Marshal
have access to.
A.
Structures requiring Knox Boxes. The following structures shall be
equipped with a Knox Box:
(1)
Commercial or industrial structures equipped with automated alarm
and/or fire suppression systems;
(2)
Multifamily residential structures that have restricted access through
locked exterior doors and have a common corridor for accessing the
living units;
(3)
Governmental structures;
(4)
Nursing care facilities;
(5)
Additional structures deemed to be a high risk may be required to
install a Knox Box at the direction of the Borough Fire Marshal.
B.
Knox Box required for new structures. All new buildings shall have
installed a Knox Box, of an Underwriters' Laboratories (UL) type
and size approved by the Borough Fire Marshal, prior to the issuance
of the permit to occupy.
C.
Knox Box required for existing buildings with improvements. All existing
buildings constructing improvements that require any Land Use or Zoning
approval shall have installed a Knox Box, of an Underwriters'
Laboratories (UL) type and size approved by the Borough Fire Marshal,
prior to the issuance of a construction permit and/or certification
of occupancy.
D.
Knox Box required for existing buildings. All existing buildings
equipped with automatic fire-detection and/or suppression systems
shall have installed a Knox Box, of a UL type and size approved by
the Borough Fire Marshal, within 12 months of the effective date of
this article.
E.
Locked gates or driveways. Any locked gates or driveways which allow
access to a commercial business are required to place a Fire Department
access lock on the access point to allow immediate emergency access
to the commercial property. All locks are to be approved by the Borough
Fire Marshal.
F.
Knox Box contents. All Knox Boxes shall contain labeled keys, easily
identifiable in the field, to provide access into the property and/or
building and to any and all locked areas within the said building
as the Borough Fire Marshal may direct. This includes, but is not
limited to, all perimeter and interior doors, locks for mechanical
disconnects, and alarm codes. It is the responsibility of the building
owner to notify the Fire Marshal when keys have been changed, and
need to be replaced.
G.
Location of Knox Box. All Knox Boxes shall be affixed to the structure
in a secure manner in a location visible to responding personnel.
Knox Boxes shall be located within 15 feet of the main exterior entry
door to the facility, no more than six feet, but not lower than three
feet, above grade. Large buildings are encouraged to have duplicate
Knox Boxes located near alternate entry points.
H.
Access to the Knox Box. No owner, or person in control of any building
or facility, required to have a Knox Box shall be present, himself
or through an agent, during access to the Knox Box by the Fire Department
or Fire Marshal except when the Fire Department or Fire Marshal has
responded to an emergency at said building or facility.
Any person, firm or corporation who shall violate any provisions
of this article, upon conviction thereof, shall be sentenced to pay
a fine of not less than $100, but not more than $1,000 plus costs.
Each day that a violation of this article continues shall constitute
a separate offense.
