(A) Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
APARTMENT HOUSE. Any building or portion thereof which contains three or more dwellings and includes residential condominiums.
DWELLING. Any building or portion thereof which contains not more than two units.
DWELLING UNIT. Any building or portion thereof which contains living facilities, including provisions for sleeping, eating, cooking and sanitation, for not more than one family.
LANDLORD. The owner, lessor or sublessor of the rental dwelling unit or guest room in the building of which it is a part.
LODGING HOUSE. Any building or portion thereof containing not more than five guest rooms where rent is paid in money, goods, labor or otherwise.
MOBILE HOME RENTAL. Any mobile home or trailer occupied by or offered for occupancy to an individual as a residence on a rental basis.
SMOKE DETECTOR. A device which detects particles or products or combustion other than heat, approved by Underwriters Laboratories, Inc., or Factory Mutual. The smoke detector device shall be equipped with a test button. The smoke detector device may be battery powered with a minimum nine volt.
TENANT. A person entitled to occupy a dwelling unit on a rental or lease basis.
(B) General requirements. Smoke detectors are required in certain structures.
(1) Every dwelling unit, dwelling, apartment house or lodging house shall contain an approved and properly functioning smoke detector installed in accordance with division (C) below.
(2) The owner of each dwelling unit, apartment house or lodging house shall install smoke detectors as required by this section within 90 days from the effective date of this section.
(C) Location; installation. Smoke detectors shall be mounted on the ceiling or wall at a point centrally located in the corridor or area giving access to the rooms used for sleeping purposes. Where a common hallway is used, smoke detectors shall be spaced not more than 25 feet apart in the hallway. All smoke detectors shall be located either on the ceiling at a minimum of six to 12 inches from the wall, or on a wall at a minimum of six to 12 inches from the ceiling, or as per manufacturer guidelines, and within 15 feet of all rooms used for sleeping purposes. No detectors shall be recessed into the ceiling.
(D) Maintenance. It shall be unlawful for any person to tamper with or remove any working smoke detector except when it is necessary for maintenance or inspection purposes. Any smoke detector removed for repair or replacement shall be reinstalled or replaced so that it is in place during normal sleeping hours. At every change of tenant in every rental dwelling unit, smoke detectors shall be tested to see that they are in operable condition. The ongoing maintenance of the smoke detectors shall be the responsibi1ity of the tenant.
(E) Duty of property owner, manager or agent. Every owner, manager or agent of any rental dwelling unit shall be responsible for the installation and replacement of defective smoke detectors at anytime. This requirement applies to smoke detectors required by any state or federal law as well as by this action.
(F) Certificates of compliance.
(1) Each owner, manager or agent of any rental dwelling unit in which a smoke detector has been installed shall provide documentation upon request to the County Sheriff’s Department that the required installation has been performed in the owner’s units, and that the detectors are in good working condition.
(2) Each owner, manager or agent shall certify to each new occupant of any rental dwelling unit covered by this section that all smoke detectors required have been installed and are in proper working condition.
(G) Lack of properly operating smoke detector, complaint, investigation by official.
(1) If a rental dwelling unit is not equipped with the required smoke detector at the time a new occupant moves into the unit, occupancy shall not be allowed. If required smoke detectors do not exist, the tenant should give written notice to the County Sheriff’s Department stating such deficiency.
(2) Upon receipt of a complaint filed, the County Sheriff’s Department shall investigate the alleged violation. If the County Sheriff’s Department finds that the owner or owner’s authorized agent has failed to install a properly operating smoke detector in the unit under investigation, the County Sheriff’s Department may cause a citation to be issued.
(3) In the absence of a complaint from the tenant, the County Sheriff’s Department may also investigate the alleged violation. If the County Sheriff’s Department finds that the owner or the owner’s authorized agent has failed to install a properly operating smoke detector in the unit under investigation, it may initiate the citation process by presenting the owner with a written notice of the deficiency specifying five calendar days for compliance. If the County Sheriff’s Department finds that the owner or owner’s authorized agent has complied with divisions (D) and (E) above, but that the tenant has failed to maintain such smoke detector in properly working condition, the Department may initiate the citation process. The tenant shall be given written notice of the deficiency and shall have five days to comply. If the tenant fails to comply, the County Sheriff’s Department may issue a citation.
(H) Transfer of dwelling unit without smoke detector prohibited. No person shall convey fee title to any real property which includes a dwelling unit, or transfer possession of any dwelling unit pursuant to a land sale contract, unless there is installed in the dwelling unit an approved smoke detector, installed in accordance with this section.
(I) Certain persons not liable for damages resulting from mechanical failure of smoke detector. The owner, owner’s authorized agent, or tenant of a dwelling unit shall not be held liable in any civil action for damages for death or injury to persons or property resulting from the mechanical fai1ure of a smoke detector required under this chapter.
(Ord. 90-10, passed 12-3-1990) Penalty, see § 150.99