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§ 90.02 SMOKE DETECTORS REQUIRED.
   (A)   Subject to the exceptions and conditions for compliance, as stated herein, smoke detectors shall be required in all dwellings, dwelling units, and rooming units whether privately-owned or rented for occupancy.
   (B)   It shall be the responsibility of the owner of each new and/or existing occupied dwelling, dwelling unit or rooming unit to install smoke detectors in each dwelling unit as hereinafter provided.
   (C)   The smoke detectors shall be capable of sensing visible or invisible articles or combustion and providing a suitable audible alarm or audio/visual alarm for a deaf or hearing impaired person.
(1995 Code, § 8.36.020)
§ 90.03 TYPE AND PLACEMENT.
   (A)   In order to comply with this subchapter, only ionization or photo-electric type detectors approved by a nationally recognized testing laboratory shall be installed. As an alternative to self-contained smoke detectors, under certain limited conditions, an approved fire detection system or a combination thereof may be installed. Each and every alternative system must be individually ap proved in written form by the Newport Fire/EMS Department.
   (B)   Smoke detectors in new residential dwellings shall be wired directly (hard wired) to the building’s power supply with a battery backup. 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.
   (C)   Smoke detectors shall be placed in accordance with applicable National Fire Protection Association (NFPA) Standards. Detectors may be ceiling or wall-mounted; provided that, if wall- mounted, they shall comply with manufacture specifications.
   (D)   (1)   (a)   At least 1 smoke detector shall be installed to protect each sleeping area.
         (b)   For the purpose of this division, the following definition shall apply unless the context clearly indicates or requires a different meaning.
            SLEEPING AREA. The area or areas of the dwelling unit in which the bedrooms or sleeping rooms are located.
      (2)   Where bedrooms or rooms ordinarily used for sleeping are separated by other use areas (such as kitchens or living rooms, but not bathrooms or closets), they shall be considered as separate sleeping areas for the 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 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 a smoke detector installed adjacent to each sleeping area.
   (E)   In a dwelling containing 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.
   (F)   At least 1 detector shall be installed on each floor level of a 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 area. Such detectors shall be wired in series.
(1995 Code, § 8.36.030)
§ 90.04 PROVIDING, INSTALLING AND MAINTAINING SMOKE DETECTORS.
   (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 detectors, 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 the owner when a detector becomes inoperable, whereafter the owner has 48 hours in which to repair or replace the detector(s).
      (3)   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)   (1)   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 thereof (i.e., the seller, lessor or sublessor, as the case may be) to provide, before occupancy, to the new occupant that all smoke detectors required by this section (other applicable laws) are installed and in proper working condition.
      (2)   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.
(1995 Code, § 8.36.040)
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