Section
Smoke Detectors
98.01 Definitions
98.02 Smoke detectors required
98.03 Type and placement of smoke detectors
98.04 Providing, installing, and maintaining smoke detectors
98.05 Supplemental standards
98.06 Enforcement
Fireworks
98.15 Definitions
98.16 Prohibition
98.17 Sale of fireworks
98.18 Permanent retail fireworks permit
98.19 Signs required
98.20 Ancillary retail fireworks permit
98.21 Revocation of permit
NFPA 1 Fire Prevention Code
98.25 Adoption by reference
98.26 Amendments to chapter 1
98.27 Exclusions
98.28 Violations designed as civil offense
98.29 Application for appeal
NFPA 101 Life Safety Code
98.40 Adoption by reference
98.41 Exclusions
98.42 Violations designated as civil offense
98.43 Application for appeal
Obstruction of Fire Hydrants and Associated Fire Equipment
98.50 Obstruction prohibited
98.51 Compliance
98.52 Notice of violation
Open Burning
98.60 Open burning restrictions
98.61 Violations designated as civil offense
98.62 Application for appeal
98.99 Penalty
SMOKE DETECTORS
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 unit, rooms, or area designated or used for sleeping purposes either as a primary use or use on casual occasions. "DWELLING" shall include a rooming house, motel, tourist home, school dormitory, and apartment building.
"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.
"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. A rooming unit 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.
(Ord. O-10-85, passed 3-26-85)
(A) Subject to such exceptions and conditions for compliance as stated herein, 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 or existing occupied dwelling unit to install smoke detectors in each dwelling unit as hereinafter provided. The smoke detectors shall be capable of sensing visible or invisible particles of combustion and providing a suitable audible (or visual for the deaf or hearing impaired) alarm.
(B) This section shall apply to any and all dwellings or dwelling units, new or existing, which do not fall under the jurisdiction of the currently adopted Kentucky Building Code or the currently adopted Life Safety Code (LSC 101).
(Ord. O-10-85, passed 3-26-85) Penalty, see § 98.99
(A) In order to comply with this subchapter, only ionization or photo-electric 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 Bureau of Fire Prevention of the City Fire Department.
(B) Smoke detectors in new residential dwellings shall be wired directly (hard wired) to the building's power supply. In existing buildings, it is preferred that smoke detectors be wired directly to the power supply; however, the 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.
(C) Smoke detectors shall be placed in accordance with applicable N.F.P.A. Standards (see § 98.05). Detectors may be ceiling or wall mounted, provided, that if wall mounted they shall be within 12 inches, but not closer than six inches of the ceiling.
(D) 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 detector 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 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.
(E) In a rooming unit, the detector shall be centrally located on the ceiling.
(F) 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.
(G) At least one smoke 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.
(Ord. O-10-85, passed 3-26-85) Penalty, see § 98.99
(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 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 the detectors. In the battery operated type of detectors, 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.
(E) At every change of occupancy of every dwelling unit occasioned by or incidental to a sale, lease, or sub-lease of the unit, it shall be the duty of the grantor thereof (i.e., the seller, lessor, or sub-lessor, as the case may be) to provide, before occupancy, to the new occupant that all smoke detectors 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 sub-lease 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.
(Ord. O-10-85, passed 3-26-85) Penalty, see § 98.99
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