(A) The owner of a dwelling shall be responsible for supplying and installing in an operable condition the required detector(s) and for providing maintenance and testing in an owner occupied residence; or for providing the manufacturer’s maintenance and testing instructions to a tenant in the case of rental property.
(B) The owner of a dwelling shall be responsible for maintenance and testing of detectors, in accordance with manufacturer’s instructions, which are located in common areas and/or detectors in rooming units where the tenant usually has short periods of occupancy (hotels, motels, rooming or tourist homes).
(C) The tenant shall be responsible for maintaining and testing the detector, in accordance with the manufacturer’s instructions, which are within his exclusive control during the life of the tenancy. The tenant shall be responsible for notifying the owner when a detector becomes inoperable, whereafter the owner has ten (10) days in which to repair or replace the inoperable detector(s). In the battery operated type of detectors, battery replacement shall be the responsibility of the tenant.
(D) At every change of tenancy, it shall be the duty of the owner to test and ascertain that those detectors contained in the unit are in operable condition, and, if not, the owner shall be responsible for placing them in operable condition.
(E) At every change of occupancy of every dwelling unit occasioned by or incidental to a sale, lease, or sublease of the unit, it shall be the duty of the grantor (i.e., the seller, lessor, or sublessor, as the case may be) to provide, before occupancy, to the new occupant that all smoke detectors, as required by this section, or other applicable laws, are installed and in proper working condition. Failure to comply with this subsection shall be punishable as set out in § 73.999, provided, however, that this subsection shall not be construed to violate or render void any contract, lease, or sublease subject hereto.
(F) No smoke detector or alternative system shall be directly connected (permanently wired) to the electrical system of a structure without the proper electrical certification.
(Ord. 7-1985, passed 11-11-85)
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Cross reference:
Penalty, see § 73.999