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§ 94.01 DEFINITIONS.
   For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
   DWELLING. Any building which contains one or more dwelling units or any rooming unit, room, or area designated or used for sleeping purposes, either for primary use or casual occasional use, including any rooming house, tourist home, school dormitory, and apartment building.
   DWELLING UNIT. Any group of rooms located in a building and forming a single housekeeping unit with facilities which are used or designed to be used for living, sleeping, cooking, or eating.
   OWNER. Any person who, alone, jointly, or severally with others, has all or a part of the legal title to any dwelling or dwelling unit, with or without the accompanying actual possession thereof; has all or a part of the beneficial ownership of any dwelling or dwelling unit and a right to the present use and enjoyment thereof, including a mortgage in possession; and/or has the charge, care, or control of any dwelling or dwelling unit as the owner or as the executor, administrator, trustee, or guardian of the estate or as the duly authorized agent of the owner, with the person thus representing the actual owner who is bound to comply with the obligations of an owner under this subchapter.
   ROOMING UNIT. Any room which is designed or used for sleeping purposes, including a room in a rooming house, hotel, motel, tourist home, school dormitory, or apartment building which may or may not have some additional facilities for eating or cooking contained therein.
   SLEEPING AREA. The area of the dwelling unit in which the bedrooms or sleeping rooms are located.
(1993 Code, § 52.01)
§ 94.02 REQUIREMENT.
   Subject to the exceptions and conditions for compliance as stated herein, six months after the effective date of this subchapter, a smoke detector shall be required in any dwelling privately owned or rented for occupancy. It shall be the responsibility of the owner of each new and/or existing occupied dwelling unit to install a smoke detector in each dwelling unit as hereinafter provided. The smoke detector shall be capable of sensing visible or invisible particles of combustion and of providing a suitable alarm or visual alarm for the deaf or hearing impaired. This subchapter shall apply to any dwelling or dwelling unit, new or existing, which does not fall under the jurisdiction of the currently adopted State Building Code and/or the currently adopted Life Safety Code (LSC 101).
(1993 Code, § 52.02) Penalty, see § 94.99
§ 94.03 TYPE AND PLACEMENT.
   (A)   In order to comply with this subchapter, only an ionization or photoelectric-type detector approved by a nationally recognized testing laboratory shall be installed. As an alternative to a self-contained smoke detector, under certain limited conditions, an approved fire detection system or a combination thereof may be installed. Each alternative system must be individually approved in written form by the Building Inspector. A smoke detector in any new residential dwelling shall be wired directly (hard-wired) to the power supply of the building. In existing buildings, it is preferred that the smoke detector be wired directly to the power supply; however, the smoke detector may be powered by a self-monitored battery or operated by an electric plug-in outlet which is fitted with a plug restrainer device, provided that the outlet is not controlled by a switch other than the main power supply.
   (B)   The smoke detector shall be placed in accordance with the applicable National Fire Protection Association’s Standards 72-E and 74 (current edition). The smoke detector may be ceiling- or wall-mounted, provided that, if wall-mounted, it shall be within 12 inches, but not closer than six inches, of the ceiling. At least one smoke detector shall be installed to protect each sleeping area. Where a bedroom or room ordinarily used for sleeping is separated by another use area, such as a kitchen or living room, but not a bathroom or closet, it shall be considered a separate sleeping area for the purposes of this subchapter. In a dwelling unit which contains a well-defined sleeping room separated from the other activity areas of the same unit, a smoke detector shall be located in the corridor within the unit or interior area giving access to the room used for sleeping purposes. Where a sleeping area is 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. In a rooming unit, a smoke detector shall be centrally located on the ceiling. In a dwelling containing two or more dwelling units or any rooming unit, in addition to the requirement for an individual smoke detector in each dwelling unit or rooming unit, a smoke detector shall be placed in a centrally located common area so that it will adequately service all sleeping areas. At least one smoke detector shall be installed in or near each stairway leading up to an occupied area in such a manner so as to assure that rising smoke is not obstructed in reaching the smoke detector and that the smoke detector intercepts rising smoke before it reaches the occupied area.
(1993 Code, § 52.03) Penalty, see § 94.99
§ 94.04 INSTALLATION AND MAINTENANCE.
   The owner of a dwelling shall be responsible for supplying and installing in operable condition any required smoke detector and, in the case of rental property, for providing the maintenance and testing instructions of the manufacturer to the tenant. The owner of a dwelling unit shall be responsible for the maintenance and testing, in accordance with the instructions of the manufacturer, of any smoke detector which is located in any common area and/or any smoke detector in any rooming unit where a tenant usually has short periods of occupancy, such as a hotel, motel, rooming house, or tourist home. The tenant shall be responsible for maintaining and testing, in accordance with the instructions of the manufacturer, any smoke detector which is within his or her exclusive control during the life of his or her tenancy. The tenant shall be responsible for notifying the owner when any smoke detector becomes inoperable, in which case the owner has ten days in which to repair or place in operable condition the smoke detector. In the battery-operated type of smoke detector, battery replacement shall be the responsibility of the tenant. At every change of tenancy, it shall be the duty of the owner to test and ascertain that the smoke detector contained in the unit is in operable condition; and, if not, the owner shall be responsible for placing it in operable condition. 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 the smoke detector as required by this subchapter or other applicable laws is installed and in proper working condition. Failure to comply with this subchapter shall be punishable as set forth herein, provided, however, that this subchapter shall not be construed to violate or render void any contract, lease, or sublease subject hereto.
(1993 Code, § 52.04)
§ 94.05 SUPPLEMENTAL STANDARDS.
   This subchapter is intended to be used with and supplemented by the applicable provisions of the National Fire Protection Association’s Standards 72-E and 74 (current edition), which are hereby incorporated herein; however, if there is any conflict between this subchapter and the supplemental standards, this subchapter and any rule and regulation adopted pursuant thereto shall prevail. All amendments to or changes in the National Fire Protection Association’s Standards 72-E and 74 shall be adopted and made a part hereof without further reference.
(1993 Code, § 52.05)
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