(A) Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
APPROVED CARBON MONOXIDE ALARM or ALARM. A carbon monoxide alarm that complies with all the requirements of the rules and regulations of the State Fire Marshal, bears the label of a nationally recognized testing laboratory, and complies with the most recent standards of the Underwriters Laboratories or the Canadian Standard Association.
DWELLING UNIT. A room or suite of rooms used for human habitation, and includes a single family residence as well as each living unit of a multiple family residence and each living unit in a mixed use building.
(B) (1) Every dwelling unit shall be equipped with at least 1 approved carbon monoxide alarm in an operating condition within 15 feet of every room used for sleeping purposes. The carbon monoxide alarm may be combined with smoke detecting devices provided that the combined unit complies with the respective provisions of the administrative code, reference standards, and departmental rules relating to both smoke detecting devices and carbon monoxide alarms and provided that the combined unit emits an alarm in a manner that clearly differentiates the hazard.
(2) Every structure that contains more than 1 dwelling unit shall contain at least 1 approved carbon monoxide alarm in operating condition within 15 feet of every room used for sleeping purposes.
(3) It is the responsibility of the owner of a structure to supply and install all required alarms. It is the responsibility of a tenant to test and to provide general maintenance for the alarms within the tenant's dwelling unit or rooming unit, and to notify the owner or the authorized agent of the owner in writing of any deficiencies that the tenant cannot correct. The owner is responsible for providing 1 tenant per dwelling unit with written information regarding alarm testing and maintenance. The tenant is responsible for replacement of any required batteries in the carbon monoxide alarms in the tenant's dwelling unit, except that the owner shall ensure that the batteries are in operating condition at the time the tenant takes possession of the dwelling unit. The tenant shall provide the owner or the authorized agent of the owner with access to the dwelling unit to correct any deficiencies in the carbon monoxide alarm that have been reported in writing to the owner or the authorized agent of the owner.
(4) The carbon monoxide alarms required hereunder may be either battery powered, plug-in with battery back-up, or wired into the structure's alternating current power line with secondary battery back-up.
(5) No building permit, occupancy permit or other approval required by village ordinance shall be issued with respect to any structure, existing or proposed, that is not shown by the owner thereof to be in compliance herewith.
(C) Notwithstanding anything herein to the contrary, carbon monoxide alarms shall not be required in any of the following dwelling units:
(1) A residential unit in a building that does not rely on combustion of fossil fuel for heat, ventilation, or hot water; is not connected in any way to a garage; and is not sufficiently close to any ventilated source of carbon monoxide, as determined by the Building Inspector, to receive carbon monoxide from that source.
(2) A residential unit that is not sufficiently close to any source of carbon monoxide so as to be at risk of receiving carbon monoxide from that source, as determined by the Building Inspector.
(D) It shall be a violation of this section to fail to install or maintain in operating condition any carbon monoxide alarm required hereunder, or to tamper with, remove, destroy, disconnect, or remove the batteries from any installed carbon monoxide alarm, except in the course of inspection, maintenance, or replacement of the alarm.
(Ord. 2007-01, passed 1-9-2007) Penalty, see § 150.99