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SMOKE DETECTORS
For purposes of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
DWELLING. Any building which contains one or more dwelling units or any rooming unit, rooms or area designated or used for sleeping purposes, either as a primary use or use on casual occasions. DWELLING shall include a rooming house, motels, tourist homes, school dormitories, apartment buildings, trailers, and condominiums, but not to the exclusion of other dwelling units.
DWELLING UNIT. Any room or group of rooms located within a building, including mobile homes, and forming a single housekeeping unit with facilities which are used or designed to be used for living, sleeping, cooking or eating.
OWNER. Any person or legal entity who alone, jointly or severally with others:
(1) Shall have all or part of the legal title to any dwelling or dwelling unit, with or without accompanying actual possession thereof, or shall have all or part of the beneficial ownership of any dwelling or dwelling unit and a right to present use and enjoyment thereof, including a mortgagee in possession; or
(2) Shall have charge, care or control of any dwelling or dwelling unit as owner, or as executor, administrator, trustee, guardian of the estate or duly authorized agent of the owner. Any such person thus representing the actual owner shall be bound to comply with the owner’s obligations under this section.
ROOMING UNIT.
(1) Any room which is designed or used for sleeping purposes.
(2) A ROOMING UNIT may include a room in a rooming house, a hotel, a motel, a tourist home, a school dormitory or an apartment building which may, or may not, have some additional facilities for eating or cooking contained therein.
(`96 Code, § 93.90) (Ord. 1988-22, passed 10-12-1988; Am. Ord. 2023-13, passed 10-12-2023)
(A) Subject to such exceptions and conditions for compliance as stated herein, smoke detectors shall be required in all dwellings privately owned or rented for occupancy. It shall be the responsibility of the owner of each new and/or existing occupied dwelling unit to install smoke detectors in each dwelling unit as hereinafter provided. The smoke detectors shall be capable of sensing visible or invisible particles of combustion and providing a suitable audible (or visual for the deaf or hearing-impaired) alarm.
(B) This subchapter shall apply to any and all dwellings or dwelling units, new or existing, which do not fall under the jurisdiction of the currently adopted Kentucky Building Code and/or the currently adopted life safety code (LSC 101).
(`96 Code, § 93.91) (Ord. 1988-22, passed 10-12-1988; Am. Ord. 2023-13, passed 10-12-2023) Penalty, see § 93.99
(A) In order to comply with this subchapter, only ionization or photoelectric type detectors approved by a nationally recognized testing laboratory shall be installed.
Alternative: As an alternative to self-contained smoke detectors, under certain limited conditions (such as battery powered smoke detectors), an approved fire detection system or a combination thereof may be installed. The Fire Chief of the City of Ludlow’s Volunteer Fire Department, or his or her designee, shall, and on a case-by-case basis, approve each and every alternative system in written form.
(B) Smoke detectors in new residential dwellings shall be wired directly (hard wired) to the building’s power supply. In existing buildings, it is preferred that smoke detectors be wired directly to the power supply; however, the detectors may be powered by self-monitored battery or operated by an electrical plug-in outlet which is fitted with a plug restrainer device, provided that the outlet is not controlled by any switch other than the main power supply.
(C) Smoke detectors shall be placed in accordance with applicable N.F.P.A. Standards (see Supplemental Standards, Section e). Detectors may be ceiling or wall mounted, provided however that if wall mounted they shall be within 12 inches, but not closer than six inches, of the ceiling.
(D) (1) At least one smoke detector shall be installed to protect each sleeping area.
(2) A sleeping area is defined as the area or areas of the dwelling unit in which the bedrooms (or sleeping rooms) are located. Where bedrooms or rooms ordinarily used for sleeping are separated by other used areas (such as kitchens or living rooms, but not bathrooms or closets), they shall be considered as separate sleeping areas for purposes of this section.
(3) In a dwelling unit which contains a well-defined sleeping room separated from the other activity areas of the same unit, the detector shall be located in the corridor within the unit or interior area giving direct access to the rooms used for sleeping purposes.
(4) Where sleeping areas are separated and/or where a single smoke detector will not adequately service all sleeping areas, there shall be smoke detectors installed adjacent to each sleeping area.
(E) In a rooming unit, the detector shall be centrally located on the ceiling.
(F) In a dwelling containing two or more dwelling units or any rooming unit, in addition to the requirements for individual smoke detectors in each dwelling unit or rooming unit, detectors shall be placed in centrally located common areas, so that smoke detectors will adequately service all sleeping areas.
(G) At least one smoke detector shall be installed in or near each stairway leading up to an occupied area in a manner as to assure that rising smoke is not obstructed in reaching the detector and the detector intercepts rising smoke before it reaches the occupied areas.
(`96 Code, § 93.92) (Ord. 1988-22, passed 10-12-1988; Am. Ord. 2023-13, passed 10-12-2023) Penalty, see § 93.99
(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) (1) The tenant shall be responsible for maintaining and testing the detector, in accordance with the manufacturer’s instructions, which are within his or her exclusive control during the life of the tenancy.
(2) The tenant shall be responsible for notifying, in writing, the owner when a detector becomes inoperable. Upon receipt of such notice, the owner has ten days in which to repair or replace the detector(s).
(3) In the battery operated type of detector, 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 prior to re-renting the unit.
(E) At every change of occupancy of every dwelling unit occasioned by or incidental to a sale, lease or sub-lease of the unit, it shall be the duty of the grantor thereof (such as, the seller, lessor or sub-lessor, as the case may be,) to provide, before occupancy, notice 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 division (E) shall be punishable as set forth herein; provided, however, that this division (E) 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.
(`96 Code, § 93.93) (Ord. 1988-22, passed 10-12-1988; Am. Ord. 2023-13, passed 10-12-2023) Penalty, see § 93.99
(A) (1) This section is intended to be used with, and supplemented by, the applicable provisions of the National Fire Protection Standards, Nos. 72-E and 74 (current edition) which are hereby incorporated herein.
(2) However, if there shall be any conflict between this subchapter and the supplemental standards, this subchapter and any rules and regulations adopted pursuant thereto shall prevail.
(B) All amendments to or changes in N.F.P.A. Nos. 72-E and 74 shall be adopted without further action and are hereby incorporated by reference.
(`96 Code, § 93.94) (Ord. 1988-22, passed 10-12-1988; Am. Ord. 2023-13, passed 10-12-2023)
(A) The requirements of this chapter shall be enforced through the officers, employees and volunteers of the City Fire Department and Code Enforcement; and all other officers, employees and volunteers of the city shall provide to the Fire Department and the city all information relevant thereto acquired by them in the course and scope of their employment or association with the city.
(B) No licenses, permits or certificates of any kind or nature shall be issued on behalf of the city in regard to the condition of or any activity within any dwelling unit unless smoke detectors have been installed and located therein according to the requirements and specifications hereof. Detectors must be operable for the final inspection by the City Fire Department or Code Enforcement. Instructions/maintenance booklets must be provided to the owner by the manufacturer pursuant to N.F.P.A. No. 74, and that documentation must be provided during the final inspection.
(C) The Fire Chief or their designee (a “Fire Code Official”) shall enforce and administer the provisions of KRS Chapter 227, the Kentucky Standards of Safety, and all ordinances of the city with respect to fire hazards.
(D) When any Fire Code Official shall find in any building, or upon any premises or other place, a violation of KRS Chapter 227, a deficiency of the Standards of Safety, or a violation of any ordinances of the city with respect to fire hazards, the Fire Code Official shall give to the owner or their representative a written notice of deficiency.
(E) When a deficiency of this chapter is observed and the notice of deficiency is issued, the notice shall comply with the following format:
(1) The notice shall be in writing, and shall be either personally delivered to the owner or posted in a conspicuous place on the premises.
(2) Include a description of the property sufficient for identification.
(3) Include reasons why a notice of deficiency is being issued.
(4) Identify that a notice of up to 30 calendar days is being given to bring the property into compliance.
(5) Include an explanation of the owner’s right to seek modification, clarification, or withdrawal of the notice of deficiency by contacting the issuing inspector.
(F) At the end of the notice period, a follow up inspection (second inspection) will be conducted. If the deficiencies remain, the Fire Code Official will request the owner to submit a plan of repair within seven calendar days and issue a second notice period of up to an additional 30 calendar days to correct the deficiency.
(G) If deficiencies remain uncorrected after the second notice period, the inspector shall assess the following fees against the property owner:
(1) Third inspection fee: $100.
(2) Fourth inspection fee: $200.
(3) Fifth and subsequent inspection fee: $500.
(H) Inspection fee invoices will be mailed by the city to the owner as it appears on the property valuation administrator database. Fees collected under the provision of this section shall be payable to the City of Ludlow. No license, permit, or other approvals shall be granted by the city to any person or business entity who is delinquent in the payment of any inspection fees. In addition, the City Attorney, in cooperation with the Fire Chief, may pursue collection in the appropriate court of law.
(I) If during a follow up inspection (or any subsequent inspection for the same violation) the Fire Code Official finds an additional violation not found during the initial inspection, such violation shall be treated as an initial violation, for which the property owner shall be issued a notice of deficiency.
(J) Violations that remain uncorrected shall be referred to additional agencies to assist in correcting the deficiencies.
('96 Code, § 93.95) (Ord. 1988-22, passed 10-12-1988; Ord. 2023-13, passed 10-12-2023)
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