§ 102.08  LACK OF PROPERLY OPERATING SMOKE DETECTOR; COMPLAINT INVESTIGATION.
   (A)   If a rental dwelling unit or mobile home rental is not equipped with the required smoke detector at the time a new occupant moves into the unit, occupancy shall not be allowed.  If the required smoke detectors do not exist, the tenant should give written notice to the Town Fire and Rescue Department stating the deficiency.  Upon receipt of a complaint filed, the Town Fire and Rescue shall investigate the alleged violation.  If the Town Fire and Rescue finds that the owner or owner's authorized agent has failed to install a properly operating smoke detector in the unit under investigation, the Town Fire and Rescue may issue a citation to the owner or owner's authorized agent.
   (B)   In absence of a complaint from the tenant, the Town Fire and Rescue may investigate the alleged violation.  If the Town Fire and Rescue finds that the owner or the owner's authorized agent has failed to install a properly operating smoke detector in the unit under investigation, the Town Fire and Rescue may initiate the citation process by presenting the owner or owner's agent with a written notice of the deficiency stating that the owner or owner's agent has five calendar days to bring the unit with compliance.  If the Town Fire and Rescue finds that the owner or owner's authorized agents has complied with §§102.04 and 102.05, but that the tenant has failed to maintain the smoke detector in a proper working condition, the Town Fire and Rescue may initiate the citation process.  The tenant shall be given written notice of the deficiency and shall have five calendar days to bring the unit within compliance.  If the tenant fails to comply within the time provided, the Town Fire and Rescue may issue a citation to the tenant.
(Ord. 1995-2, passed 3-13-95)   Penalty, see §102.99