(A) For the purpose of this section, the following definition shall apply unless the context clearly indicates or requires a different meaning.
RESIDENTIAL DWELLING UNIT. A residential dwelling unit shall comprise a structure, area, room or a combination of rooms in which a family, or individual, lives.
(B) All residential dwelling units within the limits of the city shall be equipped with a functional, properly located, labeled and listed, smoke detector or its equivalent or better, as described in the National Fire Protection Association Standard 74.
(C) (1) The smoke detector shall be installed to protect the sleeping areas and shall be located outside of the bedrooms but in the immediate vicinity of the sleeping areas, as outlined in NFPA 74.
(2) The smoke detector shall be installed on or near the ceiling not less than six inches from any wall, or on a wall, not less than six inches, nor more than 12 inches from the ceiling, and its installation shall be subject to approval by the Code Enforcement Officer. No detector shall be recessed into the ceiling.
(3) All smoke detectors shall be accessible for servicing and testing.
(4) There shall be a minimum of one smoke detector on each story of the dwelling unit, including basements and cellars, but not including crawl spaces and uninhabitable attics.
(5) If a smoke detector is A.C. powered, it must be directly attached to a junction box not controlled by any switch other than the main power supply. The installation of A.C. powered detectors shall conform to all electrical standards adopted by the city. A smoke detector required under this chapter shall be installed according to the directions and specifications of the manufacturer, but if in conflict with any city electrical standard, the city electrical standard shall take precedence.
(D) (1) It shall be unlawful for any person to tamper with or remove any smoke detector, except when it is necessary for maintenance or inspection purposes. Any smoke detector removed for repair, replacement, rebuilding, repainting or remodeling shall be reinstalled or replaced so that it is operable and in place during normal sleeping hours, before the dwelling unit is re-inhabited.
(2) At any change of tenancy, smoke detectors shall be tested by the property owner or his or her designated property manager and be in operable condition before the unit is reoccupied.
(E) Every owner of any residential rental dwelling unit shall be responsible for the installation of properly functioning smoke detectors. It is the responsibility of the tenant to maintain all smoke detectors provided by the owner in good working order until the tenant vacates the premises unless the smoke detector requires A.C. power supply, then the responsibility for maintaining the smoke detector shall be the responsibility of the owner.
(F) Every owner of any residential dwelling unit shall be responsible for the installation of properly functioning smoke detectors.
(G) Any person, firm, corporation or other entity violating the provisions of this section shall be liable to the city for a civil penalty in the sum of $25 for the first offense, $50 for the second offense occurring within a calendar year, and $100 for each subsequent offense occurring within the same calendar year.
(`90 Code, § 15.10.086) (Ord. 92-25, passed - -; Am. Ord. 95-22, passed - -; Am. Ord. 2004-38, passed 12-2-2004; Am. Ord. 2016-16, passed 5-10-2016)