(A) Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
DWELLING UNITS. Any group of rooms located within a building and forming a single housekeeping unit with facilities which are used or designed to be used for living, sleeping, cooking or eating.
DWELLINGS. Any building which contains one or more dwelling units or any rooming units, rooms or areas designated or used for sleeping purposes either as a primary use or use on casual occasions. DWELLING shall include condominiums, rooming houses, hotels, motels, tourist homes, school dormitories and apartment buildings.
OWNER. Any person, firm or corporation who alone, jointly or severally with others:
(1) Shall have all or part of the legal title to any dwelling or dwelling units, with or without accompanying actual possession thereof, or shall have all or part of the beneficial ownership of any dwelling or dwelling unit and a right to present use and enjoyment thereof, including a mortgage in possession; or
(2) Shall have charge, care or control of any dwelling or dwelling unit as owner, or as executor, administrator, trustee, guardian of the estate, or duly authorized agent of the owner. Any such person thus representing the actual OWNER shall be bound to comply with the owner’s obligations under this section.
ROOMING UNIT. Any room which is designed or used for sleeping purposes. a ROOMING UNIT may include a room in a rooming house, a motel, a tourist home, a school dormitory or any apartment building which may or may not have some additional facilities for eating or cooking contained therein.
(B) Installing wood burning stoves and fireplaces.
(1) The owner of the dwelling shall be responsible for installing wood burning stoves and fireplaces according to the manufacturer’s instructions for the unit and must meet the State Building Code, Local Building Code and the Fire Code.
(2) A permit to install wood burning stoves and fireplaces must be obtained from the County Building Commissioner.
(3) Wood-burning stoves and fireplaces used for purposes of heating units shall meet the requirements set down by the American Building Code and the Fire Code.
(C) Enforcement.
(1) The Building Inspector of the county shall assist the Fire Inspector of the county by making referrals to the Fire Inspector as part of its regular inspection and enforcement of all County Building and Safety Codes.
(2) These enforcement agencies shall in their discretion exercise their right to enter properties regulated by this section, which right is granted in I.C. 36-1-6-2.
(3) The prosecuting attorney of the county, and his or her deputies, agents and employees, is empowered to enforce violations of this section.
(D) Conflict with other ordinances.
(1) If any provisions of this section or the application thereof to any person is held invalid, such invalidity shall not affect other provisions or applications of this section, which shall remain in full force and effect; and to this end, the provisions of this section are severable.
(2) In any case where a provision of this section is found to be in conflict with a provision of any Fire or Safety Code of the county, the provision which establishes the higher standard for the promotion and protection of health and safety shall prevail.
(Ord. 5-1984, passed 11-7-1984) Penalty, see § 90.99