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§ 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)
§ 90.05 SUPPLEMENTAL STANDARDS.
   This subchapter is intended to be used with and supplemented by the applicable provisions of the National Fire Protection Association (NFPA) Standards 72-E and 74 (current edition) which are incorporated herein; 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. All amendments to or changes in NFPA Standards Numbers 72-E and 74 are adopted and made a part hereof without further reference.
(1995 Code, § 8.36.050)
§ 90.06 ENFORCEMENT.
   (A)   The Newport Fire/EMS Department shall be responsible for the enforcement of this subchapter.
   (B)   (1)   The Code Enforcement shall assist the Newport Fire/EMS Department by making referrals to the Newport Fire/EMS Department as part of its regular inspection and enforcement of all of the city’s Housing, Building and Safety Codes.
      (2)   No certificate of occupancy shall be issued for any new dwelling or dwelling unit not properly equipped with detectors.
      (3)   Detectors must be operable for the final inspection by Code Enforcement or the Newport Fire/EMS Department.
   (C)   (1)   When a violation of this subchapter requiring smoke detectors in dwellings, dwelling units and/or rooming units is observed, a written notice shall be given to the property owner to comply herewith. An inspector from the Newport Fire/EMS Department or the Code Enforcement shall return to the dwelling, dwelling unit and/or rooming units to insure compliance.
      (2)   Failure of the property owner to allow re-entry shall constitute prima facie evidence of continued violation and Code Enforcement shall forthwith cause a criminal complaint to be filed against the property owner for violation.
(1995 Code, § 8.36.060) Penalty, see § 90.99
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