PRINTER'S NO. 2233
No. 1564 Session of 1998
INTRODUCED BY WAGNER, MADIGAN, O'PAKE, KITCHEN, COSTA, BELAN, MOWERY, STAPLETON, AFFLERBACH, BODACK, MELLOW, SCHWARTZ AND HART, OCTOBER 6, 1998
REFERRED TO URBAN AFFAIRS AND HOUSING, OCTOBER 6, 1998
AN ACT 1 An act providing for residential dwelling smoke detectors and 2 for enforcement and penalties. 3 The General Assembly of the Commonwealth of Pennsylvania 4 hereby enacts as follows: 5 Section 1. Short title. 6 This act shall be known and may be cited as the Residential 7 Dwelling Smoke Detector Law. 8 Section 2. Smoke detector alarm devices required. 9 (a) New construction of residential dwellings.--The new 10 construction of residential dwellings, including apartment 11 dwellings, shall have smoke detectors on each level of the 12 structure and outside each separate sleeping area in the 13 immediate vicinity of the bedrooms. The device shall be located 14 on or near the ceiling and shall be installed, maintained and 15 used in accordance with The National Fire Alarm Code. The 16 installation of battery-operated smoke detectors shall satisfy 17 the requirements of this section. A certificate of inspection
1 shall be issued to the owner of the residential dwelling or 2 apartment dwelling upon inspection by the municipal zoning or 3 code enforcement officer of the municipality, or if there is no 4 such officer, then by an official designated by the local 5 governing body of the municipality. No such certificate shall be 6 issued until the local official has determined that the 7 residential dwelling is equipped with the alarm device or 8 devices required by this act. The local governing body of the 9 municipality may set a reasonable fee for conducting the 10 inspection. The fees collected under this act shall be used by 11 the municipality for fire prevention activities, fire prevention 12 equipment or other similar fire prevention needs. 13 (b) Change of occupancy in existing residential dwellings.-- 14 In any case where a change of occupancy of a residential 15 dwelling, including an apartment dwelling, exists, the sale or 16 lease of property shall be conditional on the existence and 17 proper installation of smoke detectors in the residential and 18 apartment dwellings in accordance with The National Fire Alarm 19 Code. A certificate of inspection shall be issued to the owner 20 of the residential or apartment dwelling upon inspection by the 21 municipal zoning or code enforcement officer of the 22 municipality, or if there is no such officer, then by an 23 official designated by the local governing body of the 24 municipality. No such certificate shall be issued until the 25 local official has determined that the residential dwelling is 26 equipped with the alarm device or devices required by this act. 27 The local governing body of the municipality may set a 28 reasonable fee for conducting the inspection. The fees collected 29 under this act shall be used by the municipality for fire 30 prevention activities, fire prevention equipment or other 19980S1564B2233 - 2 -
1 similar fire prevention needs. 2 Section 3. Penalty; enforcement. 3 (a) Penalty.--A person who violates this act commits a 4 summary offense and shall, upon conviction, be sentenced to pay 5 a fine of not more than $300. Upon a second or subsequent 6 conviction, the violator shall be sentenced to pay a fine of not 7 more than $1,000. 8 (b) Enforcement.--An action to enforce this act or to charge 9 a violation of this act shall be brought by the municipal zoning 10 officer or code enforcement officer of the municipality, or if 11 there is no such officer, then by an official designated by the 12 local governing body of the municipality. Fines collected under 13 this act shall be used by the local governing body for fire 14 prevention activities, fire prevention equipment or other 15 similar fire prevention needs. 16 Section 4. Regulations. 17 The Department of Labor and Industry shall promulgate 18 regulations to administer and enforce this act. 19 Section 5. Effective date. 20 This act shall take effect in 90 days. J2L35JLW/19980S1564B2233 - 3 -