(a) All buildings, structures or portions thereof shall be provided with the degree of fire resistive construction as required by the building code for the appropriate occupancy, type of construction and location on property. They shall be provided with the appropriate fire-extinguishing systems or equipment required by the building code and fire code. All required fire protection and fire alarm systems shall be inspected as required by the fire code.
(b) For the purposes of this article, in all multifamily dwelling complexes of eight units or more, as defined in § 7-394, a minimum clearance of 36 inches shall be maintained in a circumference around all fire hydrants, and no obstructions shall be permitted to be installed or located within said clearance area. For minimum clearances for all other occupancies see the fire code.
(c) Buildings shall be marked with contrasting property address numbers visible from the street in accordance with the fire code. For residential occupancies containing more than one dwelling unit, each dwelling unit shall be individually marked with unit identification numbers at the entrance to the unit.
(d) Fireplaces.
(1) Fireplaces, chimney flues, screens and vent attachments shall be maintained in good condition and cleaned as necessary.
(2) A landlord of a multifamily dwelling complex of eight units or more, as defined in § 7-394, shall maintain records documenting annual inspections by maintenance personnel:
a. Such records shall include a notification that chimney flues are reasonably clean and dampers or vent attachments are functioning in a safe manner.
b. The inspection records shall be maintained at the business office of the complex for a minimum of three years and shall be made available to the director upon request.
(e) Gasoline and gas-fueled vehicles and equipment. Gasoline and gas-fueled vehicles, motorcycles, mopeds and any gas-fueled equipment shall be parked only in approved parking areas. Such vehicles and equipment shall not be parked, stored or repaired in any dwelling unit, office, exitway, sidewalk or under stairways.
(f) Smoke detectors.
(1) Single and multiple-station smoke alarms (smoke detectors) shall be installed in existing Group R occupancies and in dwellings not classified as Group R occupancies in accordance with subsections (f)(2) through (f)(6) below. Listed single- and multiple-station smoke alarms shall comply with UL 217.
(2) Group R-1. Single- or multiple-station smoke alarms shall be installed in all of the following locations in Group R-1:
a. In sleeping areas;
b. In every room in the path of the means of egress from the sleeping area to the door leading from the sleeping unit; and
c. In each story within the sleeping unit, including basements. For sleeping units with split levels and without an intervening door between the adjacent levels, a smoke alarm installed on the upper level shall suffice for the adjacent lower level provided that the lower level is less than one full story below the upper level.
(3) a. Groups R-2, R-3, R-4 and I-1. Single or multiple-station smoke alarms shall be installed and maintained in Groups R-2, R-3, R-4 and I-1 regardless of occupant load at all of the following locations:
i. On the ceiling or wall outside of each separate sleeping area in the immediate vicinity of bedrooms; and
ii. In each room used for sleeping purposes.
b. Exception: Single- or multiple- station smoke alarms in Group I-1 shall not be required where smoke detectors are provided in the sleeping rooms as part of an automatic smoke detection system.
c. In each story within a dwelling unit, including basements but not including crawl spaces and uninhabitable attics. In dwellings or dwelling units with split levels and without an intervening door between the adjacent levels, a smoke alarm installed on the upper level shall suffice for the adjacent lower level provided that the lower level is less than one full story below the upper level.
(4) Location in efficiency dwelling units. In efficiency dwelling units, detectors shall be located on the ceiling or wall of the main room. When sleeping rooms within an efficiency dwelling unit are on an upper level, the detector shall be placed at the center of the ceiling directly above the stairway. When actuated, the detector shall sound an alarm audible within the sleeping area of the dwelling unit in which it is located.
(5) Interconnection.
a. Where more than one smoke alarm is required to be installed within an individual dwelling or sleeping unit, the smoke alarms shall be interconnected in such a manner that the activation of one alarm will activate all of the alarms in the individual unit. The alarm shall be clearly audible in all bedrooms over background noise levels with all intervening doors closed.
b. Exceptions:
i. Interconnection is not required in buildings that are not undergoing alterations, repairs or construction of any kind; and
ii. Smoke alarms in existing areas are not required to be interconnected where alterations or repairs do not result in the removal of interior wall or ceiling finishes exposing the structure, unless there is an attic, crawl space or basement available which could provide access for interconnection without the removal of interior finishes.
(6) Power source.
a. Single-station smoke alarms shall receive their primary power from the building wiring provided that such wiring is served from a commercial source and shall be equipped with a battery backup. Smoke alarms with integral strobes that are not equipped with battery backup shall be connected to an emergency electrical system. Smoke alarms shall emit a signal when the batteries are low. Wiring shall be permanent and without a disconnecting switch other than as required for overcurrent protection.
b. Exceptions:
i. Smoke alarms are permitted to be solely battery operated in existing buildings where no construction is taking place;
ii. Smoke alarms are permitted to be solely battery operated in buildings that are not served from a commercial power source; and
iii. Smoke alarms are permitted to be solely battery operated in existing areas of buildings undergoing alterations or repairs that do not result in the removal of interior walls or ceiling finishes exposing the structure, unless there is an attic, crawl space or basement available which could provide access for building wiring without the removal of interior finishes.
(g) Rented or leased residential occupancies.
(1) For purposes of this section, the term
DWELLING UNIT shall include the following:
a. All one-family, two-family and multifamily dwellings, including manufactured homes; and
b. All one-family, two-family and multifamily dwellings where one or more rooms are rented for use as permanent residence under a single lease.
(2) Smoke detectors. All dwelling units which are currently rented, leased or sub-leased, or are hereafter rented, leased or sub-leased shall be provided with smoke detectors which meet the requirements of the ordinance under which construction or subsection (f) above, whichever is more restrictive. Those occupancies which are leased for the first time or to a new lessee shall have smoke detectors installed prior to occupancy by the lessee. The smoke detector purchase and installation shall be the sole responsibility of the landlord.
(3) Duty to inspect and repair. Upon commencement of a tenant’s possession of a dwelling unit containing a smoke alarm, the landlord shall have a duty to test the smoke detector to verify that it is in working order. Upon installation of a smoke detector by a landlord after commencement of the tenant’s possession of a dwelling unit, the landlord shall have a duty to test the smoke detector to verify that it is in good working order. Documentation verifying compliance with this provision shall be submitted to the fire code official upon request.
(4) Notice of malfunction. During the term of the rental agreement or any renewal or extension thereof, the landlord shall have a duty to inspect and repair a smoke detector only if the tenant has given notice to the landlord of malfunction or has made a request to the landlord for inspection or repair. The notice to the landlord need not be in writing unless written notice is required in the rental agreement. The landlord shall comply with the tenant’s request for inspection and repair within a reasonable time, considering the availability of material, labor and utilities.
(5) Cause of malfunction. A landlord shall not have a duty to repair a smoke detector if the damage or malfunction is caused by the tenant or the tenant’s family, guest or invitee during the term of the rental agreement or any renewal or extension period of the rental agreement. Provided, however, a landlord shall have a duty to repair or replace a smoke detector covered by this subsection (g) if the tenant pays in advance for the reasonable cost of repair or replacement, including labor, materials, taxes and overhead.
(6) Testing. A landlord shall have satisfied the duty to inspect or repair a damaged or malfunctioning smoke detector if, after a test of the smoke detector, the test indicates that the smoke detector is in good working order.
(7) Battery replacement. After commencement of possession by the tenant of a dwelling unit, the landlord shall have no duty to provide replacement batteries for a battery operated smoke detector which was in good working order according to a test of the smoke detector at the time of commencement of possession by the tenant.
(8) Offense. A person commits an offense if, as landlord of a dwelling unit, that person:
a. Fails to install a smoke detector in compliance with this section;
b. Fails to test or repair a smoke detector in compliance with this section; or
c. Allows a dwelling unit to be occupied without obtaining documentation signed by both the landlord (or his or her authorized representative) and the tenant verifying compliance with this section. This documentation shall be furnished to the fire chief on request.
(Ord. 13743, § 1, passed 3-23-1999; Ord. 14177, § 1, passed 5-2-2000; Ord. 19606-03-2011, §§ 2, 3, passed 3-22-2011; Ord. 23577-03-2019, § 1, passed 3-19-2019)