(A) Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
MANUFACTURED HOME. Any dwelling unit fabricated in an off-site manufacturing facility for installation or assembly at the building site, bearing a seal certifying that it is built in compliance with the federal Manufactured Housing Construction and Safety Standards Code or Indiana Public Law 360, Acts of 1971.
SINGLE- AND MULTIPLE-FAMILY DWELLING UNIT. Any building that contains living quarters and shall include but not be limited to hotels, motels, boarding houses, sleeping rooms, buildings of mixed occupancy, having residential units, nursing homes, convalescent homes, licensed half-way houses, residences, private homes, or lodging houses.
SLEEPING AREA. The area of a unit in which bedrooms or sleeping rooms are located. Bedrooms or sleeping rooms separated by another use area such as a kitchen or living room are separate "sleeping areas", but bedrooms or sleeping rooms separated by a bathroom are not separate "sleeping-areas".
SMOKE DETECTOR. A device which detects
particles or products of combustion other than heat, approved by Underwriters Laboratories, Inc., or Factory Mutual. The "Smoke Detector" device may be either battery powered it may be powered by a 110 volt alternating current.
(B) Required. All single and multiple family dwelling units and all manufactured homes shall be equipped with smoke detectors.
(C) Location; installation. Smoke detectors shall be mounted on the ceiling or wall at a point centrally located in the corridor or area giving access to the rooms used for sleeping purposes. Where a common hallway is used, smoke detectors shall be placed not more than 25 feet apart in the hallway. All smoke detectors shall be located either on the ceiling, not less than six inches from any wall, or on a wall not less than six nor more than 12 inches from the ceiling, and within 15 feet of all rooms used for sleeping. No smoke detectors shall be recessed into the ceiling. If a smoke detector is A.C. powered, it must be directly attached to a junction box not controlled by any switch other than the main power supply. The installation of A.C powered smoke detectors shall conform to the Indiana Electrical Code as adopted by the city in § 152.07(E). A smoke detector required under this section shall be installed in accordance with the directions and specifications of the manufacturer, but if in conflict with any city electrical standard, the city electrical standard shall take precedence.
(D) Maintenance. It shall be unlawful for any person in any rental unit 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 in place during normal sleeping hours. At every change of tenant, in every dwelling unit or manufactured home rental, smoke detectors shall be tested by the owner, manager, or agent and made operable. Failure to do so will constitute a violation of this code.
(E) Duty of rental property owner, manager, or agent. Every owner, manager, or agent of single or multiple family rental unit or manufactured home rental shall be responsible for the installation and maintenance of all smoke detectors. This requirement applies to smoke detectors required by any state or federal law as well as this section, unless otherwise required by state or federal law.
(F) Certificates of compliance. Between January 1, and January 31 of each year, the owner of each rental dwelling unit and manufactured home rental in which smoke detectors are required in accordance with this section, shall certify in writing on forms prescribed by the city to the Fire Department that the required maintenance has been performed on all smoke detectors in the owners units and that the smoke detectors are in good working condition as of the date of certification. Each owner shall certify to each new occupant of any rental dwelling unit or mobile home rental covered by this section that all smoke detectors required have been installed and are in proper working condition.
(G) Duty of non-rental single family dwelling and manufactured home owners. It shall be the duty of the owners of a non-rental single family dwelling or manufactured home that upon the sale of such dwelling or manufactured home that the seller provide to the Fire Department, proof of compliance with the applicable provisions of this section by providing a certificate of compliance as described in division (F) above.
(Ord. 40-1989, passed 11-6-89) Penalty, see § 91.99