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(A) The owner of a dwelling shall be responsible for supplying and installing an operable condition, the required detectors and for providing the manufacturer’s maintenance and testing instructions to the tenant.
(B) The owner of a dwelling shall be responsible for maintenance, inspection and testing of detectors, which are located in common areas and/or detectors in rooming units where the tenant usually has periods of occupancy less than 30 continuous days, (such as hotels, motels, tourist homes and boarding houses, identified as use group R-1 in the International Building Code with Kentucky amendments). This maintenance, inspection and testing shall be performed in accordance with manufacturer’s instructions, and in accordance with provisions of the most current edition of NFPA (101) Life Safety Code, and/or NFPA (1), Uniform Fire Code.
(C) The tenant (in other than R-1 use group) shall be responsible for maintaining and testing the detectors, in accordance with the manufacturer’s instructions, which are within his or her exclusive control during the life of the tenancy.
(D) (1) At every change of tenancy, in all dwellings, 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.
(2) An affidavit shall be prepared and signed by both tenant and owner attesting that working smoke detectors are in place.
(3) A copy shall be retained by the owner of the property for the length of time that the specific lease agreement is in effect and shall be made available for review on request of Fire or Building Code officials.
(E) At every change of dwelling ownership, it shall be the duty of the seller to test and ascertain that those detectors contained in the unit are in code compliant locations and in operable condition. A signed affidavit of the property owner shall be given to purchaser, seller and real estate closer before property transfer.
(Prior Code, § 100.01) (Ord. 25-2009, passed 12-7-2009)
For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
DWELLING. Any building which contains one or more dwelling units or any rooming units, rooms or area designated or used for sleeping purposes either as a primary use or use on casual occasions. This term shall include single-family dwellings, duplexes, rooming houses, hotels, motels, tourist homes, school dormitories, apartments and/or condominium buildings.
DWELLING UNITS. Any group of rooms located within a building and forming a single housekeeping unit with facilities, which are used or designed to be used for living, sleeping, cooking or eating.
NFPA. National Fire Protection Association
OWNER. Any person who alone, jointly or severally with others:
(1) Shall 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 or dwelling unit and a right to present use and enjoyment thereof, including a mortgage in possession; or
(2) Shall have charge, care or control of any dwelling or dwelling unit as owner, or as 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.
ROOMING UNIT. Any room, which is designed or used for sleeping purposes. This term may include a room in a rooming house, a hotel, a motel, a tourist home, a school dormitory or an apartment building, which may or may not have some additional facilities for eating or cooking contained therein.
TENANT. Occupant of a dwelling, dwelling unit or rooming unit irrespective of existence of written lease agreement, or lack thereof.
(Prior Code, § 100.02) (Ord. 25-2009, passed 12-7-2009)
(A) In order to comply with this subchapter, only ionization or photoelectric type detectors listed by a nationally recognized testing laboratory shall be installed.
(B) Smoke detectors shall be installed in accordance with applicable NFPA standards and the manufacturer’s recommendations. Detectors may be ceiling- or wall-mounted; provided that, they shall be mounted at a minimum of four inches and a maximum of 12 inches from the ceiling, and not closer than four inches from the point at which the ceiling and wall meet.
(C) Smoke detectors shall be installed as specified by the International Building Code with Kentucky Amendments and NFPA 72 National Fire Alarm Code.
(Prior Code, § 100.03) (Ord. 25-2009, passed 12-7-2009) Penalty, see § 93.99
(A) The Chief of the Fire Department, Code Official or any of their designated representatives are hereby authorized and directed to enforce all provisions of this section and the final determination concerning compliance herewith shall be the sole discretion of the Authority Having Jurisdiction (AHJ), as described in 815 KAR 10:060, of the Fire Department or Code Official. Upon the presentation of official credentials, an authorized inspector of the Fire Department or Code Official, may enter with consent any premises covered by these regulations to perform the duties imposed upon him or her by these regulations.
(B) The source of authority to issue orders as described in division (A) above shall include, but not be limited to, any authority granted under KRS Ch. 227 and 815 KAR 10:060.
(Prior Code, § 100.04) (Ord. 25-2009, passed 12-7-2009)
(A) Any person violating any provision of this chapter for which no specific penalty is prescribed shall be subject to § 10.99 of this code of ordinances.
(Prior Code, § 93.99)
(C) Any person or private entity who fails to comply with the provisions of § 93.05 of this chapter or any order issued pursuant to § 93.05 of this chapter shall be guilty of a violation punishable by a fine. The Fire Chief or his or her designee may issue a citation for any violation of § 93.05 of this chapter.
(1) Fines shall be $50 for the first offense; $100 for the second offense; and $250 for the third offense and any additional offenses.
(2) Violations of § 93.05 of this chapter may be abated by the city. The city may recover the reasonable costs of any abatement action.
(3) Any person or private entity cited under § 93.05 of this chapter may appeal said citation and request a hearing before the city’s Code Enforcement Board pursuant to the process and procedures of Ord. 09-2003, adopted 4-30-2003, as amended.
(D) (1) Any person violating §§ 93.20 through 93.23 of this chapter may be cited for a civil offense pursuant to the Code Enforcement Board ordinance and fine schedule. Each day of violation may be considered a separate occurrence. The civil fine shall be paid directly to the city. If the fine is not paid within 30 days from the date of notification, then the city may recover said fine in a civil action in a court of proper jurisdiction. The city may also obtain injunction or abatement orders to ensure compliance with this section.
(2) The citing officer may, at his or her discretion, cite the offender to appear before the Code Enforcement Board (Ord. 9-2003).
(Prior Code, § 100.99)
(Ord. 13-2003, passed 6-16-2003; Ord. 25-2009, passed 12-7-2009; Ord. 20-2015, passed 11-16-2015)