§ 91.01 SMOKE DETECTORS.
   (A)   Definitions. For the purpose of this section, the following definitions 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 New Haven-Adams Township Fire Department, which has enforcement responsibility for this section.
      FAMILY LIVING UNIT. The structure, area, room or combination of rooms in which a family or individual lives. This is meant to cover living area only, and not common usage areas in multi-family buildings, such as corridors, lobbies, basements and the like.
      LABELED. Equipment or materials to which has been attached a label, symbol or other identifying mark of an organization acceptable to the authority having jurisdiction.
      LISTED. Equipment or materials included in a list published by an organization acceptable to the authority having jurisdiction, and which product meets appropriate standards or has been tested and found suitable for use in a specific manner.
      NFPA74. Standard 74 of the National Fire Protection Association, which is located in Batterymarch Park, Quincy, MD 02269.
      RENTAL AGENT. Any person, partnership or corporation who rents, subleases, lets or otherwise grants for a consideration the right to occupy premises not owned by the occupant. This term shall not be construed to mean a real estate agent who is employed for the sole purpose of selling residential units.
      SLEEPING AREAS. The area or areas of the family living unit in which are contained the bedrooms or sleeping rooms, separated by other use areas, such as kitchens or living rooms (but not bathrooms).
      SMOKE DETECTOR. A device which detects visible or invisible particles or products of combustion other than heat, as approved by Underwriters Laboratories, Inc. or Factory Mutual. The smoke detector shall be equipped with a test button, and it shall produce an alarm signal upon detection of any visible or invisible particles or products of combustion. It may be either battery-powered with a minimum nine-volt alternating current.
   (B)   Basic requirements. All family living 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 § 91.99 of this chapter.
   (C)   Installation; location.
      (1)   A minimum of one smoke detector, or its equivalent or better, as described in NFPA74, shall be installed in each family living unit within the corporate limits of the city.
      (2)   All smoke detectors must be installed according to the manufacturer’s directions and subject to the approval of the authority having jurisdiction.
      (3)   The smoke detector shall be installed to protect the sleeping areas, and shall be located outside of the bedrooms, but in the immediate vicinity of the sleeping areas, within 15 feet of all rooms used for sleeping areas.
      (4)   The smoke detector shall be installed on or near the ceiling, not less than six inches from any wall, or on a wall, not less than six inches, nor more than 12 inches, from the ceiling, and its installation shall be subject to approval by the authority having jurisdiction. No detector shall be recessed into the ceiling.
      (5)   All smoke detectors shall be accessible for servicing and testing.
      (6)   If a smoke detector is alternating current powered, it must be directly attached to a junction box not controlled by any switch other than the main power supply. The installation of alternating current powered detectors shall conform to all electrical standards adopted by the county’s Building Department. A smoke detector required under this section shall be installed according to the directions and specifications of the manufacturer, but if in conflict with any county electrical standard, the county electrical standard shall take precedence.
   (D)   Maintenance.
      (1)   General. It shall be unlawful for any person to tamper with or remove any 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 operable and in place during normal sleeping hours.
      (2)   Rented residential dwelling units. Each smoke detector may be tested in accordance with manufacturer’s recommendations, but shall be tested at six-month intervals in every individual residential dwelling unit, and maintained as necessary, to ensure it is in operable condition before the unit is reoccupied.
      (3)   Owner-occupied dwelling units. Each smoke detector may be tested in accordance with manufacturer’s recommendations, but shall be tested at six-month intervals, and maintained as necessary, to ensure it is in operable condition.
   (E)   Duty of property owner, manager or rental agent. Every owner, or the manager or rental agent of the owner, of any residential dwelling unit shall be responsible for the installation of all smoke detectors. It is the responsibility of the tenant to maintain all smoke detectors provided by the owner in good working order until the tenant vacates the premises, unless the smoke detector requires alternating current power supply; then the responsibility for maintaining the smoke detector shall be the responsibility of the owner, manager or rental agent of the property.
   (F)   Enforcement of provisions. The New Haven-Adams Township Fire Department shall be charged with the duty of enforcing the terms and conditions of this section.
(Prior Code, § 91.01) (Ord. G-92-22, passed 1-12-1993) Penalty, see § 91.99