§ 94.11 SMOKE DETECTORS.
   (A)   Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
      ALARM SIGNAL. An audible signal indicating the detection of visible or invisible, particles or products of combustion other than heat.
      AUTHORITY HAVING JURISDICTION. The Waterloo Fire Department shall have enforcement responsibility for this section.
      FAMILY LIVING UNIT. That structure, area, room, or combination of rooms in which a family (or individual) lives. This is meant to cover living area only and not common usage areas in multi-family buildings such as corridors, lobbies, basements, and the like.
      LABELED. Equipment or materials to which has been attached a label, symbol or other identifying mark of an organization acceptable to the "authority having jurisdiction."
      LISTED. Equipment or materials included in a list published by an organization acceptable to the "authority having jurisdiction" and which product meets appropriate standards or has been tested and found suitable for use in a specified manner.
      NFPA74. Standard 74 of the National Fire Protection Association, which is located in Batterymarch Park, Quincy, Maryland, 02269.
      RENTAL AGENT. Any person, partnership or corporation, who rents, subleases, lets or otherwise grants for a consideration the right to occupy premises not owned by the occupant. This term shall not be construed to mean a real estate agent who is employed for the sole purpose of selling residential units.
      SHALL. Indicates a mandatory requirement.
      SLEEPING AREAS. The area or areas of the family living unit to which the bedrooms (or sleeping rooms) separated by other use areas, such as kitchens or living rooms (but not bathrooms), shall be considered sleeping areas.
      SMOKE DETECTOR. A device which detects visible or invisible particles or products of combustion other than heat, as approved by Underwriter's Laboratories, Inc., or Factory Mutual. The smoke detector shall be equipped with a test button, and it shall produce an alarm signal upon detection of any visible or invisible particles or products of combustion. It may be either battery powered with a minimum nine volt or it may be powered by a 110 volt alternating current.
   (B)   Basic requirements. All family living units within the corporate limits of the town shall be equipped with a minimum of one functional, properly located, labeled and listed, smoke detector, or its equivalent or better, as described in the FFPA74.
   (C)   Installation; location.
      (1)   A minimum of one smoke detector, or its equivalent or better as described in the NFPA74, shall be installed in each family living unit within the corporate limits of the town.
      (2)   All smoke detectors must be installed according to the manufacturer's instructions and subject to the approval of the "authority having jurisdiction."
      (3)   The smoke detector shall be installed to protect the sleeping areas and shall be located outside of the bedrooms but in the immediate vicinity of the sleeping areas, within 15 feet of all rooms used for sleeping areas.
      (4)   The smoke detector shall be installed on or near the ceiling, not less than six inches from any wall, or on a wall, not less than six inches nor more than 12 inches from the ceiling, and its installation shall be subject to approval by the "authority having jurisdiction." No detector shall be recessed into the ceiling.
      (5)   All smoke detectors shall be accessible for servicing and testing.
      (6)   If a smoke detector is A.C. powered, it must be directly attached to junction box not controlled by any switch other than the main power supply. The installation of A.C. powered detectors shall conform to all electrical standards adopted by the town. A smoke detector required under this chapter shall be installed according to the directions and specifications of the manufacturer, but if in conflict with any county electrical standard, the county electrical standard shall take precedence.
   (D)   Maintenance. It shall be unlawful for any person 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 re-installed or replaced so that it is operable and in place during normal sleeping hours.
      (1)   Rented residential dwelling units. Each smoke detector may be tested in accordance with manufacturer's recommendations, but shall be tested at six month intervals in every individual residential dwelling unit, and maintained as necessary, to ensure it is in operable condition. At any change of tenancy, smoke detectors shall be tested and be in operable condition before the unit is re-occupied.
      (2)   Over-occupied dwelling units. Each smoke detector may be tested in accordance with manufacturer's recommendations, but shall be tested at six month intervals, and maintained as necessary, to ensure it is in operable condition.
   (E)   Duty of property owner, manager, or rental agent. Every owner, or the manager or rental agent of such owner of any such residential dwelling unit shall be responsible for the installation of all smoke detectors. It is the responsibility of the tenant to maintain all such smoke detectors provided by the owner in good working order until said tenant vacates the premises unless said smoke detector requires AC power supply, then the responsibility for maintaining such smoke detector shall be the responsibility of the owner, manager or rental agent of the property.
   (F)   Violation. The violation and penalty as herein described in this chapter shall not be subject to any other fine or penalty within this chapter.
   (G)   Enforcement.
      (1)   It shall be the responsibility of the Fire Chief to enforce this chapter.
      (2)   The Clerk-Treasurer or designee shall collect all paid penalties through the Collection Bureau.
      (3)   The town shall initiate suit for collection in the DeKalb Superior Court, Small Claims Court Division for all penalties assessed yet unpaid.
('92 Code, § 98.10) (Ord. 90-9, passed 7-10-90; Am. Ord. 02-04, passed 6-11-02) Penalty, see § 10.99