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(A) All issues of dispute regarding the final decisions of the Fire Chief or his designee(s) for violations of Chapter 92 of the City of Murray Code of Ordinances, with the exception of § 92.01 shall be referred to and/or appealable to the Murray Code Enforcement Board pursuant to the rules and regulations adopted by it and/or the City Council.
(B) Appeals must be in writing and presented to the Murray City Clerk, 104 N. 5th St., within seven days of the issuance of a citation. Failure to respond to the citation by requesting a hearing, within seven days of receiving the citation, shall be deemed as waiving your right to a hearing and the determination that the citation was committed shall be final.
(Ord. 2005-1367, passed 2-10-05; Am. Ord. 2012-1574, passed 5-10-12)
SMOKE DETECTORS
(A) Purpose. The purpose and intent of this subchapter is to prescribe minimum requirements and controls to safeguard life, property or public welfare from conditions hazardous to life, property, or public welfare in the use or occupancy of residential rental property.
(B) Intent. This subchapter shall be constructed to serve its expressed intent is to insure public safety, health and welfare as it pertains to smoke detectors in residential rental properties.
(C) Administrative Liability. The official, officer or employee charged with the enforcement of this subchapter, while acting for the jurisdiction, shall not thereby be rendered personally liable and is hereby relieved from all personal liability for any damage to persons or property as a result of any act required or permitted in the discharge of official duties.
(D) Jurisdictional Liability. The jurisdiction shall not be liable under this subchapter for any damage to persons or property by reason of the inspection or reinspection of building, structures or equipment authorized herein, or failure to inspect or reinspect such building, structures or equipment or by reason of the approval or disapproval of any building, structure, or equipment authorized herein.
(Ord. 99-1184, passed 5-27-99; Am. Ord. 2012-1574, passed 5-10-12)
(A) Type and placement of smoke detectors.
(1) Battery operated smoke detectors that are ionization or photoelectric type detectors approved by a nationally recognized testing laboratory shall meet the minimum standard smoke detector required by this subchapter.
(2) Smoke detectors shall be placed in accordance with applicable N.F.P.A. standards. Detectors may be ceiling or wall mounted. However, if they are wall mounted, they shall be within 12 inches, but not closer than six inches, of the ceiling.
(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 access to the rooms used for sleeping purposes and inside each bedroom. Where sleeping areas are separated or where a single smoke detector will not adequately service all sleeping areas, there shall be a smoke detector installed adjacent to each sleeping area and in sleeping rooms. In a rooming unit the detector shall be centrally located on the ceiling.
(4) In a dwelling containing two (2) 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.
(5) Smoke detectors shall be required in the living area of every dwelling unit and on every story of the dwelling unit, including basements.
(Ord. 99-1184, passed 5-27-99; Am. Ord. 2012-1574, passed 5-10-12) Penalty, see § 92.99
(A) The owner of a dwelling shall be responsible for supplying and installing in an operable condition the required detectors and for providing the manufacturer's maintenance and testing instructions to a tenant when appropriate.
(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 detectors in dwelling units and rooming units where the occupancy of any one tenant is for less than one month.
(C) The tenant in any occupancy of one month or more 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 24 hours in which to repair or replace it. In the battery operated type of detector, battery replacement shall be the responsibility of the tenant.
(D) At every change of tenancy where the occupancy of any one tenant is of one month or more, 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) Tampering: Anyone tampering or interfering with the effectiveness of a smoke detector shall be in violation of this subchapter and subject to the penalty set forth in § 92.99.
(Ord. 99-1184, passed 5-27-99; Am. Ord. 2012-1574, passed 5-10-12) Penalty, see § 92.99
In any case where a provision of this subchapter is found to be in conflict with a provision of any fire or safety code of the city, the provision which establishes the higher standard for the promotion and protection of health and safety shall prevail.
(Ord. 99-1184, passed 5-27-99; Am. Ord. 2012-1574, passed 5-10-12)
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