Article 2
Smoke Detectors
§10-201 Definitions.
Chief - the Cornwall Borough Fire Chief.
Owner - the person or persons or entity holding a deed or sales agreement designating them as grantee or vendee in the event of ownership by sales agreement; both vendor and vendee shall be deemed joint owners.
Residential unit - any building or structure designed for single or multi-family use and which includes trailers or mobile homes which are utilized for use as living and sleeping areas, and for which rent or rental equivalent is charged by any person, but shall include any convalescent home, school or college or indoor sleeping place for students, employees or guests or patients of such school, college or convalescent home, whether or not rent or rental equivalent is charged therefor. It shall also mean all new buildings erected in the Borough after the effective date hereof that are intended for residential use.
Residential use - a building or structure of any type, including trailers or mobile homes, or any building of any type or sort, wholly or partly which provides an area used as a bedroom or for a sleeping area used by human beings.
Smoke detector - a commercial device capable of providing an audible alert when sensing visible or invisible particles of gases of combustion.
(Ord. 1986-2, 5/12/86, §101.1)
§10-202 Owners of Residential Units to Install Smoke Detectors.
All owners of residential units shall install smoke detectors in all common hall areas leading to bedrooms or sleeping areas. In buildings providing a dormitory or separate sleeping area that are designed for closure by closed or locked doors off a common hallway shall have separate smoke detectors in each dormitory or sleeping room, unless the chief shall approve placement of fewer units at designated areas that in his judgment shall sufficiently provide an audible alert to persons sleeping in the dormitories or rooms.
(Ord. 1986-2, 5/12/86, §101.2)
§10-203 Responsibility for Maintenance of Smoke Detectors in Residential Units.
It shall be the duty of all tenants or persons sleeping in residential units to maintain smoke detectors. Maintenance shall include keeping smoke detector units serviceable by inserting batteries when necessary or by keeping them attached to an electrical source so that they may remain capable of transmitting an alarm in the presence of smoke. The removal or destruction of any smoke detector by any person except for the purpose of immediate replacement is strictly forbidden.
(Ord. 1986-2, 5/12/86, §101.3)
§10-204 Fire Chief to Insure That Provisions Are Strictly Enforced.
The Chief shall make very effort to insure that this Article is strictly enforced.
(Ord. 1986-2, 5/12/86, §101.4)
§10-205 Only Approved Types of Smoke Detectors to Be Installed Where Required.
All smoke detectors required herein to be installed shall be of an approved type. The approval shall be provided by the Chief and a list of all smoke detectors that are approved shall be maintained by the Chief.
(Ord. 1986-2, 5/12/86, §101.5)
§10-206 Power Supply to Smoke Detectors.
In new residential occupancy units smoke detectors shall be wired directly to the building’s power supply. In existing multifamily units it is preferred that the smoke detector be wired directly to the building’s power supply, however, said smoke detector may be operated on a plug-in outlet which is fitted with a plug retainer device provided that said outlet is not controlled by any switch and further provided that there is no switch or chord on the detector. In rented single family occupancy units it is preferred that the smoke detector be wired to the power supply; however a battery monitor supply unit is acceptable. Also, with the approval of the Chief the battery powered smoke unit may be utilized in multi-family or any new residential occupancy units.
(Ord. 1986-2, 5/12/86, §101.6)
§10-207 Certification of Change of Occupancy of Residential Units.
At every change of occupancy of every residential unit occasioned by or incidental to a sale, lease, or sublease of said unit, it shall be the duty of the grantor thereof (i.e., the seller, lessor, or sublessor, as the case may be) to certify, before occupancy, to the new occupant that all smoke detectors as required by this Section (or other applicable laws) are installed and in proper working condition. Failure to comply with this Section shall be punishable as set forth herein; provided, however, that this Section shall not be construed to vitiate or render void any contract, lease or sublease subject hereto.
(Ord. 1986-2, 5/12/86, §101.7)
§10-208 Penalty for Violation.
Any person, firm or corporation who shall violate any provision of this Article, upon conviction thereof, shall be sentenced to a fine of not more than $1,000 plus costs and, in default of payment of said fine and costs, to a term of imprisonment not to exceed 30 days. Each day that a violation of this Article continues or each Section of this Article which shall be found to have been violated shall constitute a separate offense.
(Ord. 1986-2, 9/12/86, §101.9; as amended by Ord. 2009-1, 7/13/2009)
§10-209 Certain Conditions Constitute Nuisance; Abatement.
In the event it shall appear that any person is permitting the use of a residential unit without smoke detectors as required hereunder, that residential unit is declared to be a nuisance and upon the request of the Chief, the Solicitor may, if he deems it appropriate, initiate the necessary legal proceedings to abate the unsafe condition which is declared a nuisance hereunder.
(Ord. 1986-2, 9/12/86, §101.10)