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(A) The owner of a dwelling shall be responsible for supplying and installing in an operable condition the required detectors 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 locate din common areas or detectors in rooming units where the tenant usually has short periods of occupancy (hotels, motels, rooming or tourist homes).
(C) The tenant shall be responsible for maintaining and testing the detector, in accordance with the manufacturer's instructions, which are within his exclusive control during the life of the tenancy. The tenant shall be responsible for notifying the owner when a detector becomes inoperable, whereafter the owner has ten days in which to repair or replace in operable condition the detectors. In the battery operated type of detector, 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) At every change of occupancy or every dwelling unit occasioned by or incidental to a sale, lease, or sub-lease of said unit, it shall be the duty of the grantor thereof (i.e., the seller, lessor, or sub-lessor, as the case may be) to notify the new occupant that all smoke detectors as required by this section (or other applicable laws) are installed and in proper working condition. Failure to comply with this division (E) shall be punishable as set forth herein, provided however, that this division shall not be construed to violate or render void any contract, lease, or sub-lease 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.
(Ord. 1985-9, passed 6-3-85) Penalty, see § 93.99
This subchapter is intended to be used with, and supplemented by, the applicable provisions of the National Fire Protection Standards 72-E and 74 (current edition) which are hereby 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 N.F.P.A. Nos. 72-E and 74 shall be adopted and made part thereof without further reference.
(Ord. 1985-9, passed 6-3-85)
(A) The Bureau of Fire Prevention of the Fire Department shall be primarily responsible for the enforcement of this subchapter.
(B) The City Building Department shall assist the Bureau by making referrals to the Bureau as part of its regular inspection and enforcement of all city housing, building, and safety codes. No building permits for remodeling or repair of a dwelling unit shall be issued for any dwelling unit not properly equipped with said detectors. No certificate of occupancy shall be issued for any new dwelling or dwelling unit not properly equipped with said detectors. Detectors must be operable for the final inspection of the City Building Inspector or Fire Prevention Bureau Inspector. Instructions/ maintenance booklets must be provided to the owner by the manufacturer as per N.F.P.A. No. 74, and said documentation displayed to the Building Inspector during the final inspection.
(Ord. 1985-9, passed 6-3-85)
(A) Any person violating the provisions of §§ 93.02 or 93.03, the regulations issued thereunder or any order issued thereunder, or who knowingly induces another, directly or indirectly, to violate the provisions of those sections, shall be fined not more than one thousand dollars ($1,000.00), or imprisoned for not more than 30 days, or both. (KRS 227.990 (4))
(B) The minimum penalty for noncompliance with §§ 93.30 through 93.35 is fifty dollars ($50.00)
(1) The penalty for noncompliance with §§ 93.30 through 93.35 is automatically waived if the dwelling or dwelling unit is brought into compliance with those sections within 30 days of the original violation. If the property owner fails to notify the Fire Prevention Bureau within 30 days, then the Fire Prevention Bureau shall cause a written notice to be sent to the owner stating that the fifty dollars ($50.00) penalty is applicable and failure to comply within ten days from the date of the written notice shall cause an additional penalty of ten dollars ($10.00) per day until the owner has complied with §§ 93.30 through 93.35. The notice shall further provide that the penalty for noncompliance shall be automatically waived if the dwelling or dwelling unit is brought within compliance within ten days from the date of the written notice.
(Ord. 1985-9, passed 6-3-85)
(C) Any person who violates any other provision of this chapter shall be guilty of a misdemeanor and shall be fined not more than five hundred dollars ($500.00).