[Adopted 3-21-1989 by Ord. No. 568, approved 3-21-1989]
As used in this article, the following terms
shall have the meanings indicated:
Two or more interconnected smoke detectors.
Any residential or multifamily dwelling structure for which
a land use and/or building permit is issued after the effective date
of this chapter.[1]
[Added 6-19-2012 by Ord. No. 884, approved 6-19-2012]
The area of a dwelling unit in which the bedrooms or sleeping
rooms are located. Bedrooms or sleeping rooms separated by another
use, such as a kitchen, living room, or bathroom, are separate sleeping
areas.
[Amended 6-19-2012 by Ord. No. 884, approved 6-19-2012]
An instrument approved by an approved rating organization
for the detection of ionized gases or products of combustion produced
by burning or smoldering materials.
[1]
Editor’s Note: "This ordinance" refers to Ord. No.
884, adopted 6-19-2012, approved 6-19-2012.
Any building which is used for sleeping or lodging
purposes is subject to the rules and regulations contained in this
article and includes, but is not limited by reason of enumeration
to, the following; a building all or part of which contains dwelling
units, including single-family dwellings, two-family dwellings and
multiple-family dwellings, hotels and motels, module houses, nursing
homes and convalescent homes, halfway houses and licensed rooming
houses.
A smoke detector shall be installed in each
separate sleeping area and on each level of the unit, including basements,
but excluding crawl spaces and unfinished attics.
A.
In new residential dwellings and multifamily buildings,
single station smoke detectors shall be wired directly (hard-wired)
to the building’s power supply and shall be interconnected.
A battery backup within the unit shall be provided.
[Amended 6-19-2012 by Ord. No. 884, approved 6-19-2012]
B.
When alterations, repairs or additions requiring a
permit occur, or when one or more sleeping rooms are added or created
in existing dwellings, the individual dwelling unit shall be equipped
with smoke alarms located as required for new dwellings. Installation,
alteration, or repairs of plumbing or mechanical systems and work
involving the exterior surfaces of dwellings, such as the replacement
of roofing or siding, or the addition or replacement of windows or
doors, or the addition of a porch or deck are exempt from the requirements
of this section. Interconnection and hard-wiring of smoke alarms in
existing areas shall not be required where the alterations or repairs
do not result in the removal of interior wall or ceiling finishes
exposing the structure, unless there is an attic, crawl space or basement
available which could provide access for hard wiring and interconnection
without the removal of interior finishes.
[Amended 6-19-2012 by Ord. No. 884, approved 6-19-2012]
C.
Where a rental dwelling unit is occupied by a person
who is deaf or hearing impaired, a smoke detector, upon written request
of the occupant, shall be installed by the lessor/sublessor, which,
when activated, provides a light signal sufficient to warn the deaf
or hearing impaired individual.
D.
Smoke detectors installed or in the process of being installed at the effective date of this article shall be deemed to comply with the Article, provided that upon the transfer of the property in accordance with § 92-10 hereof, said smoke detectors shall comply with the provisions of this article.
E.
The Borough Fire Chief and Borough Code Enforcement
Officer are authorized to review and approve alternate systems to
hard-wired systems. At a minimum, those systems will be battery-powered
and tamperproof and shall be a monitored system. Such systems shall
be approved by the Underwriters’ Laboratories, Inc., and/or
the Borough’s appointed Building Code Official, when appropriate.
The decision of the Borough Fire Chief and Borough Code Enforcement
Officer shall be final as to approval.
[Added 5-23-1995 by Ord. No. 650, approved 5-23-1995; amended 6-19-2012 by Ord. No.
884, approved 6-19-2012]
A.
In buildings containing fewer than four dwelling units,
the landlord shall be responsible for the maintenance or replacement
of the smoke detectors.
[Amended 9-20-1994 by Ord. No. 637, approved 9-20-1994]
B.
In buildings containing four or more dwelling units,
and including but not limited by reason of enumeration to the following:
hotels, motels, dormitories, mobile homes, nursing homes and convalescent
homes, licensed halfway houses and licensed rooming houses, the landlord
shall be responsible for repair or replacement of the detector.
C.
The Code Enforcement Officer of the Borough of Shippensburg may, upon inspection of the premises pursuant to the Existing Structures Code, Chapter 87 hereof, provide a battery to a smoke detector, or in the event that a smoke detector is not present or is inoperable, leave a smoke detector to be mounted by the landlord/owner. The cost of such battery shall be the actual cost, but not less than $5, and the cost of such smoke detector shall be the actual cost, but not less than $25. Installation of battery(ies) or providing a smoke detector by the borough shall in no event constitute assurances by the Borough of Shippensburg of the operating safety of the smoke detector.
[Added 9-20-1994 by Ord. No. 637]
Beginning January 1, 1990, and thereafter, at
each change of occupancy of a dwelling unit occasioned by sale, lease
or sublease of said unit, the grantor, lessor or sublessor shall provide
and install all smoke detectors as required by this article. Failure
to comply with this section shall be punishable as set forth herein;
provided, however, that nothing herein shall be construed to render
void any contract of sale, lease or sublease subject hereto.
It shall be a violation of this article to tamper
with a smoke detector as to disable or render it inoperable.
[Amended 6-19-2012 by Ord. No. 884, approved 6-19-2012]
This article is intended to be used with and
supplemented by the applicable provisions of the National Fire Protection
Association Standards, No. 72, which are incorporated herein by reference.
In the event of conflict between this article and said standards,
the more restrictive of the two shall prevail.
The Fire Chief and the three Assistant Fire
Chiefs, or their designees, shall be authorized to act as inspectors
for the enforcement of the provisions of this article.
