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SMOKE DETECTORS
§ 92.01 INTENT AND PURPOSE.
   The Town Council hereby declares that to require installation of smoke detection equipment and to require its proper maintenance will benefit the public health, safety, and welfare of the community in all:
   (A)   Multiple dwelling units;
   (B)   All family dwelling units operated as rental property; and
   (C)   Family dwelling units constructed or remodeled after the effective date of this subchapter.
(1996 Code, § 129.01) (Ord. 2002-02, passed 3-20-2002)
§ 92.02 DEFINITIONS.
   For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
   ALARM SIGNAL. An audible signal of at least 85 decibels at ten feet and capable of persisting at such level for at least four minutes.
   CORRIDOR. A hallway or other area on each floor providing access to individual dwelling units within a multiple dwelling unit.
   FAMILY DWELLING UNIT. Any structure, area, room, or combination of rooms not considered a multiple dwelling unit as defined herein in which a family or individual(s) lives. This is meant to cover living areas only and not common usage areas such as corridors.
   LABELED. When pertaining to equipment or materials means an attached label, symbol, or other identifying mark acceptable to the Building Commissioner of the town.
   LISTED. When pertaining to equipment or materials means inclusion on a list published by an organization acceptable to the Building Commissioner of the town indicating that a product meets appropriate standards or has been tested and found suitable for use in a specified manner.
   MULTIPLE DWELLING UNITS. Includes the following classifications:
      (1)   Apartment houses;
      (2)   Boarding houses; and
      (3)   Hotel, motel, lodging house, or rooming houses.
   NFPA74. Standard 74 of the National Fire Protection Association, which is located in Batterymarch Park, Quincy, Maryland 02269.
   RENTAL AGENT. Any person, partnership, or corporation who rents, subleases, lets, or otherwise grants for consideration the right to occupy premises not owned by the occupant. This term shall not be construed to mean a real estate agent who is employed for the sole purpose of selling residential units.
   SHALL. Indicates a mandatory requirement.
   SLEEPING AREA. The area or areas of the multiple dwelling unit or family dwelling unit in which the bedrooms (or areas used for sleeping purposes) separated by other use areas such as kitchens or living rooms (but not bathrooms) are located.
   SMOKE DETECTOR. A device which detects visible or invisible particles or combustion as listed by Underwriters Laboratory, Inc. and which conform to the Uniform Building Code Standard No. 43-61 as amended from time to time.
(1996 Code, § 129.02) (Ord. 2002-02, passed 3-20-2002)
§ 92.03 BASIC REQUIREMENTS.
   (A)   All multiple dwelling units and all family dwelling units operated as rental property within the corporate limits of the town, shall be equipped with the minimum number of functional, properly located, labeled, and listed smoke detector(s) or their equivalent or better as described in NFPA74.
   (B)   All family dwelling units constructed or remodeled after the effective date of this subchapter which require a building permit under this code, and which are within the corporate limits of the town, shall be equipped with a minimum number of functional, properly located, labeled, and listed smoke detector(s) or their equivalent or better as described in NFPA74.
(1996 Code, § 129.03) (Ord. 2002-02, passed 3-20-2002) Penalty, see § 92.99
§ 92.04 INSTALLATION; LOCATION.
   (A)   Smoke detectors shall be installed and located as follows.
      (1)   All smoke detectors shall meet the minimum number of requirements as set forth herein and shall be installed according to the manufacturer’s instructions.
      (2)   In apartment houses and existing hotels and motels, the smoke detector shall be mounted on the ceiling or wall every 30 feet at the point centrally located in the corridor, but in no event more than 15 feet from the end of such corridor, and in the immediate vicinity of, but in no event more than 15 feet from all sleeping areas.
      (3)   In boarding houses, lodging houses, rooming houses, and new construction, hotels and motels, or those hotels or motels in which corridors or sleeping rooms are remodeled after the effective date of this subchapter, the smoke detector(s) shall be centrally located on the ceiling of each sleeping area and every 30 feet along each corridor, but in no event more than 15 feet from the end of such corridor.
      (4)   In all family dwelling units, the smoke detector(s) shall be installed and located outside of the bedrooms, but in the immediate vicinity of the sleeping areas within 15 feet of all rooms used as sleeping areas.
   (B)   The smoke detector shall be installed on or near the ceiling not less than four inches from any wall or on a wall not less than four inches nor more than 12 inches from the ceiling. No smoke detector shall be recessed into the ceiling.
   (C)   Smoke detectors may be AC powered only if they are directly attached to a junction box not controlled by any switch other than the main power supply. The installation of AC powered smoke detectors shall comply with the electrical code adopted by the town.
   (D)   All smoke detectors shall be accessible for servicing and testing.
(1996 Code, § 129.04) (Ord. 2002-02, passed 3-20-2002) Penalty, see § 92.99
§ 92.05 MAINTENANCE AND TESTING.
   (A)   Generally. It shall be unlawful for any person to tamper with or remove any smoke detector except when it is necessary for maintenance or inspection purposes. Any smoke detector removed for repair or replacement shall be reinstalled or replaced so it is operable and in place during normal sleeping hours.
   (B)   Multiple dwelling units and family dwelling units operated as rental property. Each smoke detector in each multiple dwelling unit and in each family dwelling unit operated as rental property may be tested in accordance with manufacturer’s recommendation, but shall be tested at not more than six month intervals and maintained as necessary to insure it is in operable condition. At any change of tenancy, smoke detectors shall be tested and be in operable condition before the unit is re-occupied.
   (C)   Family dwelling units. Each smoke detector in each family dwelling unit may be tested in accordance with manufacturer’s recommendations, but it shall be tested at not more than six month intervals and maintained as necessary to insure it is in operating condition.
(1996 Code, § 129.05) (Ord. 2002-02, passed 3-20-2002) Penalty, see § 92.99
§ 92.06 DUTY OF PROPERTY OWNER, MANAGER, OR RENTAL AGENT.
   (A)   Every owner or manager or rental agent of such owner, of any multiple dwelling unit or family dwelling unit shall be responsible for the installation and maintenance of required smoke detectors.
      (1)   It is the responsibility of the tenant to maintain in good working order all such smoke detectors provided by the owner, including replacement of batteries as needed in any battery powered smoke detector provided by the owner.
      (2)   The complete maintenance of any smoke detector connected to the building wiring system shall be the responsibility of the owner, manager, or agent of the property.
   (B)   Every owner or manager or rental agent of such owner of any multiple dwelling unit or family dwelling unit shall on a form prepared by the Clerk-Treasurer certify on an annual basis that operable smoke detectors meeting the requirements of this subchapter have been installed. Said written certification shall be filed with the Clerk-Treasurer by May 31 each year.
(1996 Code, § 129.06) (Ord. 2002-02, passed 3-20-2002) Penalty, see § 92.99
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