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(a) The owner shall repair or replace the smoke alarm, smoke detector, or carbon monoxide alarm as required under this chapter within seventy-two (72) hours of receipt of the occupant's written notice or other evidence that it is not in proper working condition.
(b) In addition to the other requirements of this chapter, the owner of each dwelling unit shall, at a minimum, provide new batteries for battery-operated smoke alarms, smoke detectors, and carbon monoxide alarms at least annually and at the beginning of any new lease. It shall be the responsibility of the occupant to ensure that the batteries installed are not removed.
(Ord. No. 1528-15. Passed 5-9-16, eff. 5-10-16)
Anyone tampering or interfering with the effectiveness of a smoke alarm, smoke detector, or carbon monoxide detector shall be in violation of this chapter and subject to the penalties set forth in Section 392.99.
(Ord. No. 1528-15. Passed 5-9-16, eff. 5-10-16)
(a) The City of Cleveland's Chief of Fire and the Director of Building and Housing or their designees shall have concurrent jurisdiction to conduct inspections to determine compliance with this chapter and to enforce its provisions.
(b) Any notice of violation issued to enforce the requirements of this chapter shall, at a minimum, require compliance with its provisions within seventy-two (72) hours of the issuance of the notice. If a notice of violation is issued for a violation discovered subsequent to a fire or carbon monoxide gas leak and the dwelling unit was rendered uninhabitable by the fire or carbon monoxide gas leak, then the violation notice shall require compliance with the provisions of this chapter prior to the re-occupancy of the dwelling unit.
(c) No owner or occupant shall refuse to allow inspection at reasonable times of any dwelling unit by a duly authorized City inspector.
(d) The means of enforcement authorized by this section shall be in addition to and not in lieu of any other means of enforcement that may be authorized by these Codified Ordinances or by statute.
(Ord. No. 1528-15. Passed 5-9-16, eff. 5-10-16)
(a) This Council determines that a program to provide smoke alarms, smoke detectors, and carbon monoxide alarms, and batteries for those devices free of charge to residents of the City who report that they cannot afford them, and to install or arrange for the installation of smoke alarms, smoke detectors, and/or carbon monoxide alarms free of charge to those residents, constitutes a public purpose. The Fire Chief may conduct such a program.
(b) The Fire Chief may require any person who participates in the program authorized by this section to sign an agreement that may include the following provisions, and such other provisions as the Fire Chief deems necessary:
(1) That each smoke alarm, smoke detector, and carbon monoxide alarm provided will be installed in the person's residence within a reasonable period of time, to be specified by the Fire Chief; and
(2) That the person receiving one (1) or more smoke alarms, smoke detectors, and carbon monoxide alarms will permit a representative of the Division of Fire to inspect the installation of the unit or units to confirm that installation has occurred and was done properly; and
(3) That the resident participating in the program will indemnify and hold harmless the City, its officers, employees, agents and assigns relative to providing one or more smoke alarms, smoke detectors, and carbon monoxide alarms and/or batteries, and relative to providing assistance in the installation of the smoke alarms, smoke detectors, and carbon monoxide alarms, if applicable.
(c) For residents requiring assistance in installing smoke alarms, smoke detectors, and carbon monoxide alarms the Fire Chief may arrange for the installation by personnel of the Division of Fire, other City personnel, or such other persons who are willing to provide this service at no cost to the City.
(d) Nothing in this chapter shall be deemed to waive or otherwise negate any statutory or common law immunity provided to the City, its officials or employees for activities under this chapter.
(Ord. No. 1528-15. Passed 5-9-16, eff. 5-10-16)
The Fire Chief may accept gifts and grants of smoke alarms, smoke detectors, and carbon monoxide alarms, and batteries for those devices, and monies to conduct a program to provide smoke alarms, smoke detectors, and carbon monoxide alarms and batteries for those devices free of charge to residents of the City that report that they cannot afford them, and to install or arrange for the installation of smoke alarms, smoke detectors, and carbon monoxide alarms free of charge to residents that require such assistance or to abate a nuisance under this chapter. The Director of Public Safety is authorized to enter into standard purchase or requirement contracts under these Codified Ordinances to purchase smoke alarms, smoke detectors, and carbon monoxide alarms, and batteries for those devices to conduct the program. The funding source for such contracts shall include any monies annually appropriated for this purpose, any monies accepted pursuant to this chapter, which are appropriated for this purpose, and block grant and other grant monies as available.
(Ord. No. 1528-15. Passed 5-9-16, eff. 5-10-16)
(a) Anyone who violates any of the provisions of Sections 392.02, 392.021, 392.03, 392.04, or 392.05 shall be guilty of a minor misdemeanor on the first offense. In addition to any other method of enforcement provided for in these Codified Ordinances, the above listed minor misdemeanors may be enforced by the issuance of a citation in compliance with Rule 4.1 of the Ohio Rules of Criminal Procedure. For a second offense such person is guilty of a misdemeanor of the fourth degree. On a third or subsequent offense, such person is guilty of a misdemeanor of the first degree. Each day of a continuing violation shall be deemed a separate offense.
(b) Notwithstanding any other provisions of this chapter pertaining to penalties, if a fire or carbon monoxide gas leak occurs at a dwelling unit where a violation of Section 392.02, 392.021, 392.03, 392.04, or 392.05 has occurred, then the offender is guilty of a misdemeanor of the first degree if the fire or carbon monoxide gas leak results in bodily injury or death of any person; or if the fire or carbon monoxide gas leak does not result in bodily injury or death of any person, then the offender is guilty of a misdemeanor of the second degree if the offense is the first offense by that person of any of the provisions of this chapter, or the offender is guilty of a misdemeanor of the first degree if the offense is the second or subsequent offense by that person of any of the provisions of this chapter.
(Ord. No. 1528-15. Passed 5-9-16, eff. 5-10-16)