(A) For the purpose of this section the following definitions shall apply unless the context clearly indicates or requires a different meaning.
(1) “DWELLING UNIT.” Any group of rooms located within a building or structure, including mobile homes, and forming a single housekeeping unit with facilities which are used or designed to be used for living, sleeping, cooking or eating.
(2) “DWELLING.” Any building which contains one or more dwelling units or any rooming unit, rooms or area designated or used for sleeping purposes either as a primary use or use on casual occasions. “DWELLING” shall also include a rooming house, motels, tourist homes, school dormitories, and apartment buildings.
(3) “OWNER.” Any corporation, company, partnership or other association or any natural person, who, alone, jointly, or with several others shall:
(a) Have all or part of the legal title to any dwelling or dwelling unit, with or without accompanying actual possession thereof, or shall have all or part of the beneficial ownership of any dwelling unit and a right to present use and enjoyment thereof, including a mortgage in possession; or
(b) Have charge, care, or control of any dwelling or dwelling unit as owner, 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.
(4) “ROOMING UNIT.” Any room which is designed or used for sleeping purposes. A “ROOMING UNIT” may also include a room in a rooming house, a hotel, a motel, a tourist home, a school dormity, or an apartment building which may, or may not have some additional facilities for eating or cooking contained therein.
(B) (1) Subject to such exceptions and conditions for compliance as stated herein, six months after the effective date of this section, smoke detectors shall be required in all dwellings privately owned or rented for occupancy. It shall be the responsibility of the owner of each new and/or existing occupied dwelling unit to install smoke detectors in each dwelling unit as hereinafter provided. Said smoke detectors shall be capable of sensing visible or invisible particles or combustion and providing a suitable audible (or visual for a deaf or hearing impaired person) alarm.
(2) This section shall apply to any and all dwellings or dwelling units, new or existing, which are not otherwise required to have smoke detectors located herein under the provisions of the currently adopted Kentucky Building Code and/or the currently adopted Life Safety Code (LSC 101).
(C) (1) In order to comply with this section, only ionization or photoelectric-type detectors approved by a nationally recognized testing laboratory shall be installed. As an alternative to self- contained smoke detectors, under certain limited conditions, an approved fire-detection system or a combination thereof may be installed. Each and every alternative system must be individually approved in written form by the Fire Chief or the Chief Fire Inspector of the City Fire Department.
(2) Smoke detectors in new residential dwellings shall be wired directly (hard wired) to the building. In existing buildings, it is preferred that smoke detectors be wired directly to the power supply; however, said detectors may be powered by self-monitored battery or operated by an electrical plug-in outlet which is fitted with a plug restrainer device, provided that the outlet is not controlled by any switch other than the main power supply.
(3) Smoke detectors shall be placed in accordance with applicable National Fire Protection Act (N.F.P.A.) Standards. Detectors may be ceiling- or wa11-mounted, provided, that if wa11- mounted they shall be within 12 inches, but not closer than six inches to the ceiling.
(4) At least one smoke detector shall be installed to protect each sleeping area. A sleeping area is defined as the area or areas of the dwelling unit in which the bedrooms (or sleeping rooms) are located. Where bedrooms or rooms ordinarily used for sleeping are separated by other use areas (such as kitchens or living rooms, but not bathrooms or closets), they shall be considered as separate sleeping areas for the purposes of this section. In a dwelling unit which contains a well defined sleeping room separated from the other activity areas of the same unit, the detectors shall be located in the corridor within the unit or interior area giving access to the rooms used for sleeping purposes. Where sleeping areas are separated 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.
(5) In a rooming unit, the detector shall be centrally located on the ceiling.
(6) In a dwelling containing two or more dwelling units or any rooming unit, in addition to the requirements for individual smoke detectors in each dwelling unit or rooming unit, detectors shall be placed in centrally located common areas, so that smoke detectors will adequately service all sleeping areas.
(7) At least one detector shall be installed in or near each stairway leading up to an occupied area in such a manner as to assure that rising smoke is not obstructed in reaching the detector and the detector intercepts rising smoke before it reaches the occupied area.
(D) (1) The owner of a dwelling shall be responsible for supplying and installing in an operable condition the required detector(s) and for providing maintenance and testing in an owner- occupied residence; or for providing the manufacturer’s maintenance and testing instructions to a tenant in the case of rental property.
(2) The owner of a dwelling shall be responsible for maintenance and testing of detectors, in accordance with the manufacturer’s instructions, which are located in common areas and/or detectors in rooming units where the tenant usually has short periods of occupancy (hotels, motels, rooming or tourist homes).
(3) The tenant shall be responsible for maintaining and testing the detector, in accordance with the manufacturer’s instructions, which are within his or her exclusive control during the life of the tenancy. The tenant shall be responsible for notifying the owner when a detector becomes inoperable, whereafter the owner has ten days in which to repair or replace in operable condition said detector(s). In the battery-operated detectors, battery replacement shall be the responsibility of the tenant.
(4) At every change of tenancy, it shall be the duty of the owner to test and ascertain that those detectors contained in the unit are in operable condition, and if not, the owner shall be responsible for placing them in operable condition.
(5) At every change of occupancy of every dwelling unit occasioned by or incidental to a sale, lease or sublease of said unit, it shall be the duty of the grantor thereof (i.e., the seller, lessor, or sublessor, as the case may be) to provide, before occupancy by the new occupant thereof, that all smoke detectors which are required by this section (and other applicable laws) are installed and in proper working condition. Failure to comply with this division shall be punishable as set forth herein, provided, however, that this division shall not be construed to violate or render void any contract, lease or sublease subject hereto.
(6) No smoke detector or alternative system shall be directly connected (permanently wired) to the electrical system of a structure without the proper electrical certification.
(E) This section is intended to be used with, and supplemented by, the applicable provisions of the National Fire Protection Standards 72-E and 74 (current edition) which are hereby incorporated herein; however, if there shall be any conflict between this section and the said supplemental standards, this section and any rules and regulations adopted pursuant thereto shall pervail. All amendments to or changes in N.F.P.A. Nos. 72-E and 74 are adopted and made a part hereof without further reference.
(F) (1) The Fire Chief or the Fire Inspector of the City Fire Department shall be primarily responsible for the enforcement of this section.
(2) The City Inspector shall assist the Fire Chief by making referrals to the Fire Chief as part of its regular inspection and enforcement of all city housing, building and safety codes. No building permits for remodeling or repair of a dwelling unit shall be issued for any dwelling unit not properly equipped with said detectors. No certificate of occupancy shall be issued for any new dwelling or dwelling unit not properly equipped with said detectors. Detectors must be operable for the final inspection of the City Inspector and the Fire Chief. Instructions/maintenance booklets must be provided to the owner by the manufacturer as per N.F.P.A. No. 74, and said documentation displayed to the City Inspector or Fire Chief during the final inspection.
(Ord. 1990-4, passed 4-3-90)