(A) Definitions. For the purposes of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
APPROVED CARBON MONOXIDE ALARM. A carbon monoxide alarm that complies with all requirements of the rules and regulations of the National Fire Protection Association (NFPA) and State Fire Marshal standards and bears the label of a nationally recognized testing laboratory.
NFPA 720. When referenced in this chapter, NFPA 720, Standard for the Installation of Carbon Monoxide Warning Equipment in Dwelling Units, 2005 edition, and as modified thereafter.
RESIDENTIAL RENTAL PROPERTY DWELLING UNIT. A dwelling unit that requires a residential rental property license as set forth in this subchapter.
(B) Carbon monoxide alarm requirements.
(1) (a) Every residential rental property dwelling unit in the city shall be equipped with at least one approved carbon monoxide alarm in operating condition within 15 feet of every room used for sleeping purposes.
(b) The carbon monoxide alarm may be combined with smoke detecting devices; provided that, the combined unit complies with the respective provisions of any applicable administrative code, reference standards and state and local regulations relating to both smoke detecting devices and carbon monoxide alarms.
(c) The combined unit must also emit an alarm that clearly differentiates between the two hazards.
(d) Owners of residential rental property units shall have until 6-30-2008, to comply with the terms of this section.
(2) It is the responsibility of the owner of any structure in which a residential rental dwelling unit is located to supply and install all required carbon monoxide alarms in accordance with NFPA 720 standards. If such alarms are battery operated, the owner shall ensure that the alarm batteries are in operating condition at the time the tenant takes possession of the dwelling unit.
(3) (a) It is the responsibility of the tenant to test and to provide general maintenance, including replacement of required batteries, for the alarms within the tenant’s residential rental dwelling unit. The tenant shall be responsible to:
1. Maintain the carbon monoxide alarm so that it is operational;
2. Shall maintain its source of energy (i.e., replace batteries, keep the alarm plugged into the electrical socket);
3. Shall promptly report any defects in the unit to the owner or owner’s agent; and
4. Shall not modify, damage or tamper with the alarm.
(b) The tenant shall provide the owner or the owner’s agent with access to the residential rental dwelling unit to correct any deficiencies in the carbon monoxide alarm device that have been reported by the tenant.
(C) Exemptions.
(1) A residential rental property dwelling unit in a building that does not rely on fuel-burning appliances including, but not limited to, devices used for cooking, heating, lighting or decorative purposes, and is not connected in any way to an attached or detached garage (examples of appliances that would not be exempt include wood stoves, wood burning and gas fireplaces, portable space heaters, ranges, furnaces, water heaters, clothes dryers, gas refrigerators and gas lamps); and
(2) A residential rental property dwelling unit that is not adjacent to or above any source of carbon monoxide so as to be at risk of receiving carbon monoxide from that source.
(D) Enforcement. City Code Enforcement Department Officers and the city’s Fire Department officers shall have jurisdiction to conduct inspections of residential rental dwelling units and to enforce this section.
(1984 Code, § 110.28) (Ord. O-24-07, passed 6-19-2007; Ord. O-33-16, passed 11-15-2016)
Penalty, see § 110.99