(A) The owner of a dwelling shall be responsible for supplying and installing in an operable condition the required detectors 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.
(B) The owner of a dwelling shall be responsible for maintenance and testing of detectors, in accordance with manufacturer’s instructions, which are located in common areas or detectors in rooming units where the tenant usually has short periods of occupancy (hotels, motels, rooming or tourist homes).
(C) 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, in writing, the owner when a detector becomes inoperable, whereafter the owner has ten days in which to repair or replace in operable condition that detector. In the battery-operated type of detector, battery replacement shall be the responsibility of the tenant.
(D) 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 prior to re-renting the unit.
(E) At every change of occupancy of every dwelling unit occasioned by or incidental to a sale, lease or sublease of the unit, it shall be the duty of the grantor thereof (such as the seller, lessor or sublessor, as the case may be) to provide, before occupancy, to the new occupant that all smoke detectors as required by this section (or other applicable laws) are installed and in proper working condition. Failure to comply with this division (E) shall be punishable as set forth herein; provided, however, that this division (E) shall not be construed to violate or render void any contract, lease or sublease subject hereto.
(F) No smoke detector or alternative system shall be directly connected (permanently wired) to the electrical system of a structure without the proper electrical certification.
(1996 Code, § 92.58) (Ord. 1814, passed 4-16-1985) Penalty, see § 92.99