(A) Definitions. For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
"ALARM SIGNAL." An audible signal indicating the detection of visible or invisible, particles or products of combustion other than heat.
"AUTHORITY HAVING JURISDICTION." The City of Huntington's Fire Department which has enforcement responsibility for § 94.09 of this code.
"DWELLING UNIT." Any manufactured home or building or portion thereof which contains living facilities, including provisions for sleeping, eating, cooking, and sanitation.
"LABELED." Equipment or materials to which has been attached a label, symbol, or other identifying mark of an organization engaged in product evaluation, that maintains periodic inspection of production of labeled equipment or materials and by whose labeling the manufacturer indicates compliance with appropriate standards or performance in a specified manner.
"LISTED." Equipment or materials included in a list published by an organization engaged in product evaluation that maintains periodic inspection of production of listed equipment or materials and whose listings states either that the equipment or material meets appropriate standards or has been tested and found suitable for use in a specified manner.
"NFPA 74." Standard 74 of the National Fire Protection Association, which is located as of the adoption of this provision in Batterymarch Park, Quincy, MD, 02269.
"RENTAL AGENT or LEASING AGENT." A person, partnership, or corporation who rents, subleases, lets, or otherwise grants for a consideration the right to occupy a dwelling unit not owned by the occupant. This term shall not be construed to mean a real estate agent when employed for the purpose of selling residential units.
"RENTED OR LEASED DWELLING UNIT." A dwelling unit which is not owned by its occupant (the tenant) and for which tenant pays value to or for the benefit of that owner.
"SHALL." Indicates a mandatory requirement.
"SLEEPING AREAS." The area or areas of the dwelling unit in which the bedrooms (or sleeping rooms) are located, when separated by other use areas, such as kitchens or living rooms (but not bathrooms).
"SMOKE DETECTOR." A device which senses visible or invisible particles or products of combustion and conforms to the minimum standards for type, components, and maintenance prescribed by the National Fire Protection Association. The detector shall bear a label or other identification issued by an approved testing agency having a service for inspection of materials and workmanship at the factory during fabrication and assembly.
(B) Requirements.
(1) All rented or leased dwelling units within the corporate limits of the city shall be equipped with a minimum of one functional, properly located, labeled and listed, smoke detector, or its equivalent or better, as described in National Fire Protection Association (NFPA) Pamphlet 74.
(2) All smoke detectors must be installed according to the manufacturer's instructions and subject to the approval of the authority having jurisdiction.
(3) A smoke detector shall be installed to protect the sleeping areas and shall not be located in the bedrooms but shall be in the immediate vicinity (within 15 feet) of all of the sleeping areas.
(4) All smoke detectors shall be installed on or near the ceiling not less than 6 inches from any wall, or on a wall not less than 6 inches nor more than 12 inches from the ceiling. No detector shall be recessed into the ceiling. Each installation shall be subject to approval by the authority having jurisdiction.
(5) All smoke detectors shall be accessible for servicing and testing.
(6) 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 smoke detectors shall conform to all applicable electrical standards. A smoke detector shall be installed according to the directions and specifications of the manufacturer, but if in conflict with any applicable electrical standard, that electrical standard shall take precedence.
(C) Responsibility for installation/maintenance/certification.
(1) Installation. Every owner, or the manager or rental agent of such owner, of any rented or leased dwelling unit shall be responsible for the installation of smoke detectors required by this section.
(2) Maintenance. It shall be unlawful for any person to tamper with or remove any smoke detector, except when it is necessary for repair, maintenance, replacement, or inspection purposes. Any smoke detector removed for those purposes shall be reinstalled or replaced so that it is operable and in place during tenants' sleeping hours.
(3) Testing. Each smoke detector should be tested in accordance with manufacturer's recommendations to ensure it is in operable condition. It shall be the responsibility of the tenant of a rented or leased dwelling unit to maintain all smoke detectors provided by the owner in good working order unless that smoke detector requires A.C. power supply, then the responsibility for maintaining the smoke detector shall be the responsibility of the owner/manager/rental agent.
(4) Certification. Between October 1 and October 31 of each year, the owner, manager, or rental agent of such owner of rental or leased dwelling units in which smoke detectors are required in accordance with this section shall certify in a written documentation delivered to the authority having jurisdiction signed by the tenant and by the owner, manager, or rental agent that the owner, manager, or rental agent has inspected and tested the smoke detector in the rental unit. Certification must state that all smoke detectors core in good working condition as of the date of certification. The same certification requirement shall apply at every change of tenant in every rental or leased dwelling unit.
(D) Penalty. Entities that fail to comply with this section shall be subject to a fine of not less than $25 and not more than $100 for each of that entity's rented or leased dwelling units in violation. This penalty shall be in addition to any other consequence imposed by applicable authority (e.g., an order to cease occupancy of the dwelling unit until it is brought into compliance).
(Ord. 12-C-00, passed 8-29-00)