ARTICLE IV. - SMOKE DETECTORS


Sec. 16-40. - Definitions.

For the purpose of this article, the following words and phrases shall have the meanings ascribed to them by this section:

Dwelling. Any building containing one (1) or more dwelling units.

Dwelling unit. A room or combination of rooms containing living, sleeping and kitchen facilities for one (1) family.

Hotel. Any building which is regularly used, offered for use, or intended to be used to provide overnight sleeping accommodations for one (1) or more persons for compensation.

Motel. Any building or collection of buildings which is regularly used, offered for use, or intended to be used to provide overnight sleeping accommodations for one (1) or more persons for compensation.

Owner. The holder of title in fee simple; any person, group of persons, company, association or corporation in whose name tax bills on the property are submitted; or any person who alone or jointly or severally with others:

(1)

Shall have legal title to any building unit with or without accompanying actual possession thereof; or

(2)

Shall have charge, care or control of any building or building unit as owner, executor, administrator, trustee, guardian of the estate of the owner, mortgage vendee in possession, assignee of rents, lessee or other person, firm or corporation in control of a building, or their duly authorized agent.

Any such person, group of persons, company, association or corporation shall have joint and several responsibility for compliance with the provisions of this article.

Roominghouse. A dwelling regularly used, offered for use or intended to be used to provide overnight sleeping accommodations for one (1) or more persons for compensation.

(Ord. No. 2879-82; Ord. No. 4053-90, § 1)

Sec. 16-41. - Smoke detectors required.

It shall be unlawful for the owner of any building to occupy, lease or rent any dwelling or dwelling unit or to operate, use or permit any building, or part thereof, to be operated or used as a hotel, motel or rooming house until smoke detectors have been installed in it in conformance with the provisions of the Uniform Statewide Building Code.

(Ord. No. 2879-82; Ord. No. 2966-82; Ord. No. 4053-90, § 1)

Sec. 16-42. - Certification.

The owner of any rented or leased dwelling unit shall provide to each tenant at the beginning of each tenancy, and at least annually thereafter, a certificate stating that the required smoke detector is present, has been inspected, and is in good working order.

(Ord. No. 2879-82; Ord. No. 4053-90, § 1)

Sec. 16-43. - Maintenance.

(a)

Smoke detectors located in hallways, stairwells and other public or common areas of multi-family buildings shall be maintained in good working condition by the owner.

(b)

Maintenance of smoke detectors in rented or leased dwelling units shall be the responsibility of the tenant; however, the owner shall be obligated to service, repair or replace any malfunctioning smoke detector within five (5) days of receipt of written notice that such smoke detector is in need of service, repair or replacement.

(c)

All smoke detectors required by this Code and installed in other than rental or leased dwelling units shall be maintained in good operating condition by the owner and shall be inspected by the owner not less than once annually.

(Ord. No. 2879-82; Ord. No. 4053-90, § 1)

Sec. 16-43.1. - Records.

The owner of any building subject to this article shall maintain records of the inspections, repairs and certificates required by sections 16-42 and 16-43 for a period of two (2) years. Such records shall be made available to the chief of the fire department, or his designated representative, upon request.

(Ord. No. 4263-91)

Sec. 16-44. - Exemptions.

Smoke detectors installed in buildings constructed prior to September 1, 1973 may be operated from either A.C. primary power or a battery, or a combination of both power sources.

(Ord. No. 2879-82; Ord. No. 4053-90, § 1; Ord. No. 4629-94)

Sec. 16-45. - Violations.

Any person violating a provision of this article shall be guilty of a Class 3 misdemeanor.

(Ord. No. 2879-82)

Secs. 16-46—16-49. - Reserved.