Top 10+ the building has a smoke detector

Chapter 8.16SMOKE DETECTORS

Sections:

8.16.010 Purpose.

8.16.020 Definitions.

8.16.030 Mandatory smoke detector installation-Effective date.

8.16.040 Smoke detector placement standards.

8.16.050 Responsibility-Apartment house.

8.16.060 Responsibility-Rented dwelling and lodginghouses.

8.16.070 Responsibility-Hotel/motel.

8.16.080 Certification at change in occupancy.

8.16.090 Enforcement.

8.16.100 Violation-Penalty.

8.16.010 Purpose.

The purpose of this chapter is to provide for the mandatory installation of smoke detectors and to provide approved devices and installation requirements. (Ord. 2316 §1, 1979)

8.16.020 Definitions.

For the purposes of this chapter, the following words and phrases shall have the following meaning:

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A. “Apartment house” means any building, or portion thereof, which is designed, built, rented, leased, let or hired out to be occupied, or which is occupied as the home or residence of three or more families living independently of each other and doing their own cooking in the building and includes flats and apartments.

B. “Approved smoke detector” means a detection device for the products of combustion other than heat, which conforms to the Uniform Building Code Standard No. 43-6, or its successor standard, and which is listed by Underwriters Laboratories, Factory Mutual, Underwriters Laboratories of Canada, or any other recognized testing laboratory. The detector may be either electrically or battery powered.

C. “Dwelling” means any building or any portion thereof, which is not an “apartment house,” “lodginghouse,” or a “hotel,” as defined in this chapter, which contain one or two dwelling units or guestrooms used, intended or designed to be built, used, rented, leased, let or hired out to be occupied or which are occupied for living purposes.

D. “Dwelling unit” means a single unit providing complete, independent living facilities for one or more persons, including permanent provisions for living, sleeping, eating, cooking and sanitation.

E. “Guestroom” means any room or rooms used, or intended to be used, by a guest for sleeping purposes. Every one hundred square feet of superficial floor area in a dormitory shall be considered to be a guestroom.

F. “Hotel or motel” means any building containing six or more guestrooms intended or designed to be used, or which are used, rented or hired out to be occupied or which are occupied for sleeping purposes by guests.

G. “Lodginghouse” means any building or portion thereof, containing not more than five guestrooms which are used by not more than five guests where rent is paid in money, goods, labor or otherwise.

H. “Mobile home” means any structure designed or used as a dwelling unit or sleeping rooms, and originally equipped with an axle and wheels, without motor power, connected to public utilities and complying with the construction requirements of the state for such units. (Ord. 2316 §2, 1979)

8.16.030 Mandatory smoke detector installation-Effective date.

A. All renter-occupied dwellings or mobile homes shall have installed an approved smoke detector in each dwelling unit by January 1, 1980.

B. All apartment houses, hotel/motels, lodginghouses, shall have installed an approved smoke detector in each dwelling unit or guestroom or in each room designed or used for sleeping purposes by January 1, 1980.

C. Effective January 1, 1980, no owner shall sell, transfer or otherwise convey a dwelling, apartment, hotel/-motel, or lodginghouse without first installing approved smoke detectors.

D. Effective January 1, 1980, upon the sale, transfer or conveyance of any owner-occupied dwelling or mobile home, approved smoke detectors shall be installed.

E. Remodeling, alterations, additions, or repairs or any other construction requiring a building permit after January 1, 1980, shall require the installation of approved smoke detectors in each dwelling or mobile home, in each dwelling unit, or in each room designed or used for sleeping purposes in all other buildings or structures.

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F. The installation of all wired-in smoke detectors in all occupancy groups will require electrical permits and inspections by the State Electrical Safety Division. (Ord. 2316 §3, 1979)

8.16.040 Smoke detector placement standards.

A. All smoke detectors required by this chapter shall be mounted on a ceiling or wall; provided, that if wall-mounted, they shall be within twelve inches but not closer than six inches of the ceiling. Further, they shall be located in any corridor or interior area giving access to rooms used for sleeping purposes.

B. Where sleeping areas are widely separated (i.e., on different levels or opposite ends of a building or structure) and/or where a single smoke detector will not adequately service all sleeping areas, there shall be a smoke detector installed adjacent to each sleeping area.

C. Every dwelling unit within an apartment house shall be provided with approved smoke detectors. In dwelling units, detectors shall be mounted on ceiling or wall at a point centrally located in the corridor or area giving access to rooms used tor sleeping purposes.

D. Every guestroom or sleeping room within a hotel/-motel or lodginghouse shall be provided with approved smoke detectors. Detectors shall be centrally located on the ceiling of the main room or sleeping room or if wall-mounted, detectors shall be located between six inches and twelve inches of the ceiling. (Ord. 2316 §4, 1979)

8.16.050 Responsibility-Apartment house.

The following shall apply to smoke detectors within apartment house dwelling units:

A. The building owner or his or her designee shall install detectors as required by Section 8.16.030.

B. The building owner or his or her designee shall post written instructions for the testing and maintenance of the smoke detector within each dwelling unit.

C. The tenant of each dwelling unit shall be responsible for periodically testing the unit’s smoke detector. The building owner or his or her designee shall not be responsible if a tenant removes a battery from a smoke detector.

D. Upon failure of the detector, the tenant shall deliver a written notice of the failure to the building owner or his or her designee.

E. The owner shall replace or repair the defective detector within ten days from the date of written notice. (Ord. 2316 §5(a), 1979)

8.16.060 Responsibility-Rented dwelling and lodging-houses.

A. The building owner or his or her designee shall install smoke detectors as required by Section 8.16.030.

B. The building owner or his or her designee shall post written instructions for the testing and maintenance of the smoke detector in each dwelling unit and in each sleeping room within a lodginghouse.

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C. The tenant of each dwelling or sleeping room shall be responsible for periodically testing the unit’s smoke detector. The building owner or his or her designee shall not be responsible if a tenant removes a battery from a smoke detector.

D. Upon failure of the detector, the tenant shall deliver a written notice of the failure to the building owner or his or her designee.

E. The owner shall replace or repair the defective detector within ten days from date of written notice. (Ord. 2316 §5(b), 1979)

8.16.070 Responsibility-Hotel/motel.

A. The owner of each hotel or motel or his or her designee shall install smoke detectors as required by Section 8.16.030.

B. The owner of each hotel or motel or his or her designee shall inspect and service each smoke detector on a regular monthly basis.

C. A record shall be maintained for each detector listing the date installed, dates inspected and date serviced, if any.

D. This record shall be available for fire department inspection at any time. (Ord. 2316 §5(c), 1979)

8.16.080 Certification at change in occupancy.

A. Effective January 1, 1980, upon sale, transfer or conveyance of an owner-occupied dwelling unit, it shall be the duty of the transferor to certify to the transferee that all smoke detectors as required in Section 8.16.030 or other applicable laws, are installed and in proper working condition. This certificate, containing an acknowledgement by the transferee, shall be completed prior to occupancy by the transferee.

B. At every change of occupancy of any type occupancy in any dwelling, except lodginghouses, hotels and motels, it shall be the duty of the grantor of the right of occupancy to certify to the new occupant, prior to occupancy, that all smoke detectors, as required by Section 8.16.030 or other applicable laws, are installed and in proper working condition. (Ord. 2316 §5(d), 1979)

8.16.090 Enforcement.

It shall be the duty of the fire department to inspect, on an annual and random basis, the occupancies listed in this chapter to ascertain compliance with the provisions of this chapter; further it shall be the duty of the fire department to inspect those smoke detector units identified through a complaint to the fire department. The discovery of electrical problems or malfunctions will be reported to the State Electrical Safety Division. (Ord. 2316 §6, 1979)

8.16.100 Violation-Penalty.

A. The violation of any of the provisions of this chapter shall be punishable by a fine of not more than five hundred dollars or by imprisonment in the city jail for not more than thirty days, or by both such fine and imprisonment.

B. The imposition of one penalty shall not excuse the violation or permit it to continue.

C. When not otherwise specified, each ten days the violation continues shall constitute a separate offense. (Ord. 2316 §7, 1979)

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