This chapter shall be known as and may be cited as the "Pine
Grove Smoke Detector Devices Ordinance."
The intent of this chapter is to:
A.
Promote the general health, welfare, and safety of the Borough of
Pine Grove;
B.
Encourage and require the utilization of smoke detector devices in
residential nonowner occupied rental dwelling units, and certain owner
occupied residences, to prevent or minimize damage to properties and
injury or loss of life by early detection of fires in the future;
C.
Minimize damage to public safety by reducing the risk of undetected
fires; and
D.
Require registration of nonowner occupied dwelling units for purposes
of identification and to provide for inspection to ensure compliance
with the standards for installation of smoke detector devices.
A.
It shall be unlawful for any person to occupy, or allow any other person to occupy, a dwelling unit in any structure of which he is the owner until after a smoke detector, or smoke detectors, have been installed as more fully provided for in Article III (entitled "Technical Provisions") where such dwelling unit or dwelling units are contained in a structure which is less than 20 feet from another structure; and, only such structures which are exempt from inspection as provided for in § 150-9A of this chapter shall be considered exempt from the requirement to install a smoke detector, or smoke detector devices.
B.
It shall be unlawful for any person to rent a dwelling unit within
the Borough of Pine Grove which is not registered with the Borough
Secretary for the Borough of Pine Grove; and further, it shall be
unlawful for any person to rent a dwelling unit within the Borough
for which a certificate of inspection has not been issued.
A.
Unless specifically defined, words or phrases used shall be interpreted
so as to give them the same meaning as they have in common usage and
so as to give this chapter its most reasonable application.
B.
When not inconsistent with the context, words used in the present
tense include the future, words in the plural number include the singular,
words in the singular include the plural, and words either in the
feminine, masculine, or neuter shall include words of the other two
genders.
C.
The word "shall" is always mandatory and not merely directory.
D.
Unless specifically defined below in Subsection E of this section, words or phrases used shall be defined according to the definition given in ordinances previously enacted and currently effective within the Borough of Pine Grove.
E.
BOROUGH
BOROUGH SECRETARY
DWELLING UNIT
INSPECTOR
OWNER
PERSON
SINGLE FAMILY HOUSE
SMOKE DETECTOR DEVICE
STRUCTURE
The following are specific definitions:
The Borough of Pine Grove, County of Schuylkill in the Commonwealth
of Pennsylvania, a Pennsylvania municipality and subdivision, its
territorial area, or a Pennsylvania municipal corporation, acting
by and through its council or through its authorized agents, representatives,
officers, officials, or employees.
The Secretary of the Borough of Pine Grove.
Any room, group of rooms, trailer, house trailer, or other
enclosure occupied or intended for occupancy as separate living quarters
by a family or other group of persons living together or by persons
living alone; or, any part of any other structure intended for continuous
or periodic habitation, occupation or use by human beings as living
quarters, independent, of the use of other parts of the structure
for other purposes.
The enforcement officer, who may alternately be referred to as Fire Marshal, who shall be the same individual designated as the Fire Marshal defined in § 157-4D of Chapter 157, Stoves and Chimneys (Ordinance No. 247, enacted April 10, 1980, as amended), who shall be a qualified person designated by the Pine Grove Borough Council annually.
Any person vested with ownership, legal or equitable, sole
or partial, of any property.
Any individual, partnership, business, company, association,
society, corporation, or other group or entity.
A single structure whose primary use is as a dwelling unit
for a family or group of related persons living together or by a person
living alone, where the only other uses of the structure are for the
residential occupation of the occupants of said structure (such as
a garage, etc.) and where said structure is not connected to any other
structures (except such structure as may be primarily for the benefit
of the residential unit, e.g., connected garage) and where the structure
is the only structure on the property except for another structure
or structures supportive of the residential use of the primary structure
(e.g., garage, swimming pool, etc.).
A device which, operating on the ionization principle or
other comparable principle, emits an audible signal when activated
by smoke or fire; the device must meet or exceed the standards set
forth by Factory Manual Research Corporation or Underwriters Life,
must have a self-continued power supply, must be capable of emitting
an audible signal of at least 85 decibels at a range of 10 feet, and
must meet other standards provided for in this chapter.
Anything constructed or erected on the ground or attached
to the ground including, but not limited to, buildings, sheds, mobile
homes, and other similar items.
A.
The degree of fire protection sought by the provisions of this chapter
is considerable for regulation purposes. This chapter does not imply
that compliance with its provisions will totally eliminate the risk
from fire based on those items regulated herein.
B.
The ordinance shall not create liability on the part of the Borough
or any officer or employee thereof for any fire damages that result
from reliance on this chapter or any administrative decision lawfully
made hereunder. No actions by any authorized agents, representatives,
officers, officials, or employees of the Borough in connection with
the provisions of this chapter shall be considered to provide a warranty
of any kind by the Borough.
