A. Every dwelling unit shall be equipped with at least one approved smoke detector in an operating condition within fifteen feet of every room used for sleeping purposes. The detector shall be installed on the ceiling and at least six inches from any wall, or on a wall located between four and six inches from the ceiling.
B. Every single family residence shall have at least one approved smoke detector installed on every story of the dwelling unit, including basements but not including unoccupied attics. In dwelling units with split levels, a smoke detector installed on the upper level shall suffice for the adjacent lower level if the lower level is less than one full story below the upper level; however, if there is an intervening door between the adjacent levels, a smoke detector shall be installed on each level.
C. Every structure which (1) contains more than one dwelling unit, or (2) contains at least one dwelling unit and is a mixed-use structure, shall contain at least one approved smoke detector at the uppermost ceiling of each interior stairwell. The detector shall be installed on the ceiling, at least six inches from the wall, or on a wall located between four and six inches from the ceiling.
D. It shall be the responsibility of the owner of a structure to supply and install all required detectors. The owner shall be responsible for making reasonable efforts to test and maintain detectors in common stairwells and hallways. it shall be the responsibility of a tenant to test and to provide general maintenance for the detectors within the tenants dwelling unit or rooming unit, and to notify the owner or the authorized agent of the owner in writing of any deficiencies which the tenant cannot correct. The owner shall be responsible for providing one tenant per dwelling unit with written information regarding detector testing and maintenance. The tenant shall be responsible for replacement of any required batteries in the smoke detectors in the tenant's dwelling unit, except that the owner shall ensure that such batteries are in operating condition at the time the tenant takes possession of the dwelling unit. The tenant shall provide the owner or the authorized agent of the owner with access to the dwelling unit to correct any deficiencies in the smoke detector which have been reported in writing to the owner or the authorized agent of the owner.
E. The requirements of this section shall apply to any dwelling unit in existence on April 1, 1995, beginning on that date. Except as provided in subsections (f) and (g), the smoke detectors required in such dwelling units may be either battery powered or wired into the structure's AC power line, and need not be interconnected.
F. In the case of any dwelling unit that is newly constructed, reconstructed, or substantially remodelled after April 1, 1995, the requirements of this section shall apply beginning on the first day of occupancy of the dwelling unit after such construction, reconstruction or substantial remodelling. The smoke detectors required in such dwelling unit shall be permanently wired into the structure's AC power line, and if more than one detector is required to be installed within the dwelling unit, the detectors shall be wired so that the actuation of one detector will actuate all the detectors in the dwelling unit.
G. Every hotel shall be equipped with operational portable smoke-detecting alarm devices for the deaf and hearing impaired of audible and visual design, available for units of occupancy.
1. Specialized smoke-detectors for the deaf and hearing impaired shall be available upon request by guests in such hotels at a rate of at least one such smoke detector per seventy-five occupancy units or portions thereof, not to exceed five such smoke detectors per hotel. Incorporation or connection into an existing interior alarm system, so as to be capable of being activated by the system, may be utilized in lieu of the portable alarms.
2. Operators of any hotel shall post conspicuously at the main desk a permanent notice, in letters at least three inches in height, stating that smoke detector alarm devices for the deaf and hearing impaired are available. The proprietor may require a refundable deposit for a portable smoke detector not to exceed the cost of the detector.
H. Compliance with an applicable federal, state or local law or building code which requires the installation and maintenance of smoke detectors in a manner different from this section, but providing a level of safety for occupants which is equal to or greater than that provided by this section, shall be deemed to be in compliance with this section, and the requirements of such more stringent law shall govern over the requirements of this section.
I. Upon the complaint of a tenant of a rental property or guest of a motel or hotel, the Chief of the Hoopeston Fire Department shall serve written notice upon the owner/manager of said structure who shall permit inspection of the structure within five days by the Chief or Assistant Chief of the Hoopeston Fire Department. Failure to comply with this provision shall cause said owner/manager to be subject to a fine for violation of this ordinance not less than one hundred dollars and not more than five hundred dollars. It shall be the duty of the chief or assistant chief of the fire department to notify the police department of such refusal to comply and the a police officer may then cause a notice to appear to issue to the owner or manager of the subject property. "Rental property" shall be defined as any structure owned by one party or parties and leased to another party or parties for use as a residence or residences. "Hotel" and "motel" shall be defined by Section 17.08.290 except that "motel" shall be defined as a hotel with more than one building.
J. Failure by an owner of property to comply with the terms of this section regarding the installation and repair of smoke detectors shall be grounds for issuance of a notice to appear by a police officer of the City of Hoopeston and shall subject the tenant to a fine not less than one hundred dollars and not more than five hundred dollars.
K. Failure by an tenant of property to comply with the terms of this section regarding the inspection and provision of batteries for smoke detectors shall be grounds for issuance of a notice to appear by a police officer of the City of Hoopeston and shall subject the owner/manager to a fine not less than one hundred dollars and not more than five hundred dollars.
(Ord. 95-15, 1995)