PRINTER'S NO. 447
No. 422 Session of 1997
INTRODUCED BY HOLL, FEBRUARY 11, 1997
REFERRED TO URBAN AFFAIRS AND HOUSING, FEBRUARY 11, 1997
AN ACT
1 Requiring smoke-sensitive alarm devices in certain buildings;
2 providing for powers and duties of the Department of
3 Community and Economic Development; and imposing a penalty.
4 The General Assembly of the Commonwealth of Pennsylvania
5 hereby enacts as follows:
6 Section 1. Smoke-sensitive alarm device required.
7 A structure used or intended for use for residential purposes
8 by not more than two households and constructed before January
9 1, 1977, shall have a smoke-sensitive alarm device on each level
10 of the structure and outside each separate sleeping area in the
11 immediate vicinity of the bedrooms. The device shall be located
12 on or near the ceiling and shall be installed, maintained and
13 used in accordance with National Fire Protection Association
14 Standard No. 74-1984. The installation of battery operated
15 smoke-sensitive alarm devices shall satisfy the requirements of
16 this section. The smoke-sensitive device shall be tested and
17 listed by a product certification agency recognized by the Fire
18 Marshall Division of the Pennsylvania State Police. This section
1 shall not be enforced except pursuant to sections 2 and 3.
2 Section 2. Change of occupancy.
3 (a) Municipal ordinance.--In any case where a change of
4 occupancy of a building described in section 1 is subject to a
5 municipal ordinance requiring the issuance of a certificate of
6 occupancy, certificate of inspection or other documentary
7 certification of compliance with laws and regulations relating
8 to safety, healthfulness and upkeep of the premises, no such
9 certificate shall be issued until the municipal officer or
10 agency responsible for its issuance has determined that the
11 building is equipped with the alarm device or devices required
12 by section 1.
13 (b) Absence of municipal ordinance.--In the case of change
14 of occupancy of any building subject to the requirements of
15 section 1 to which the provisions of subsection (a) do not
16 apply, no owner shall sell, lease or otherwise permit occupancy
17 for residential purposes of the building without first
18 obtaining, from the chief of the fire department or fire company
19 that provides coverage to the area in which the building is
20 located, a certificate evidencing compliance with the
21 requirements of this act. The Department of Community and
22 Economic Development shall establish a fee for the cost of
23 obtaining the certificate.
24 Section 3. Penalty.
25 A person who violates this act commits a summary offense and
26 shall, upon conviction, be sentenced to pay a fine of not more
27 than $500. Upon a second or subsequent conviction, a person
28 shall be sentenced to pay a fine of not more than $2,000. An
29 action to enforce this act or to charge a violation of this act
30 shall be brought by the zoning officer, code enforcement officer
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1 or similar officer of the municipality in which the building is
2 located or, if there is no such officer, then by the Fire
3 Marshall Division of the Pennsylvania State Police.
4 Section 4. Rules and regulations.
5 The Department of Community and Economic Development shall
6 promulgate rules and regulations to administer and enforce this
7 act.
8 Section 5. Effective date.
9 This act shall take effect in 60 days.
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