(A) Definitions. For the purpose of this chapter, the following words and phrases shall have the following meanings unless the context clearly requires otherwise:
"DWELLING UNIT." Any group of room or rooms located within a building and forming a single housekeeping unit with facilities which are used or designed to be used for living, sleeping, cooking or eating.
"DWELLING." Any building which contains one or more dwelling units or any rooming unit, rooms or area designated or used for sleeping purposes either as a primary use or use on casual occasions. Dwelling shall include a rooming house, motels, tourist homes, school dormitories, apartment buildings and condominiums but not to the exclusion of other dwelling units.
"OWNER." Any person or legal entity who alone, jointly or severally with others:
(1) Shall have all or part of the legal title to any dwelling or dwelling unit, with or without accompanying actual possession thereof, or shall have all or part of the beneficial ownership of any dwelling or dwelling unit and a right to present use and enjoyment thereof, including a mortgage in possession;
(2) Shall have charge, care of control of any dwelling or dwelling unit as owner, or as executor, administrator, trustee, guardian of the estate, or duly authorized agent of the owner. Any such person thus representing the actual owner shall be bound to comply with the owner's obligations under this section.
"ROOMING UNIT." Any room which is designed or used for sleeping purposes. A rooming unit may include a room in a rooming house, a hotel, a motel, a tourist home, a school dormitory or an apartment building which may, or may not, have some additional facilities for eating or cooking contained therein.
"SLEEPING AREA." The area or areas of a dwelling unit in which the bedrooms or sleeping rooms are located.
(B) Smoke Detectors Required.
(1) Subject to such exceptions and conditions for compliance as stated herein, six months after the effective date of this section, smoke detectors shall be required in all dwellings 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 smoke detectors in each dwelling unit as hereinafter provided. Said smoke detectors shall be capable of sensing visible or invisible particles of combustion and providing a suitable audible (or visual for the deaf or hearing-impaired) alarm.
(2) This section shall apply to any and all dwellings or dwelling units, new or existing, which do not fall under the jurisdiction of the currently adopted Kentucky Building Code and/or the currently adopted Life Safety Code (LSC 101).
(C) Type and Placement of Smoke Detectors.
(1) In order to comply with this section, only ionization or photo electric type detectors approved by a nationally-recognized testing laboratory shall be installed.
Alternative: As an alternative to self-contained smoke detectors, under certain limited conditions (i.e. battery powered smoke detectors), an approved fire detection system or a combination thereof may be installed. The Bureau of Fire Protection of the Wilder Volunteer Fire Department may subjectively, and on a case-by-case basis, approve each and every alternative system in written form.
(2) Smoke detectors in new residential dwellings must be wired directly (hard wired) to the building's power supply with battery back up. In existing buildings, it is preferred that smoke detectors be wired directly to the power supply; however, said detectors may be powered by self-monitored battery or operated by an electrical plug-in outlet which is fitted with a plug restrainer device, provided that the outlet is not controlled by any switch other than the main power supply.
(3) Smoke detectors shall be placed in accordance with applicable N.F.P.A. Standards. Detectors may be ceiling or wall mounted, provided that if wall mounted they shall be within twelve (12) inches, but not closer than, six (6) inches of the ceiling.
(4) At least one smoke detector shall be installed to protect each sleeping area. Where bedrooms or rooms ordinarily used for sleeping are separated by other used areas (such as kitchens or living rooms, but not bathrooms or closets), they shall be considered as separate sleeping areas for the purposes of this section. In a dwelling unit which contains a well-defined sleeping room separated from the other activity areas of the same unit, the detector shall be located in the corridor within the unit or interior area giving direct access to the rooms used for sleeping purposes. Where sleeping areas are 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.
(5) In a rooming unit, the detector shall be centrally located on the ceiling.
(6) In a dwelling containing two or more dwelling units or any rooming unit, in addition to the requirements for individual smoke detectors in each dwelling unit or rooming unit, detectors shall be placed in centrally located common areas, so that smoke detectors will adequately service all sleeping areas.
(7) At least one smoke detector shall be installed in or near each stairway leading up to an occupied area in such a manner as to assure that rising smoke is not obstructed in reaching the detector and the detector intercepts rising smoke before it reaches the occupied areas.
(D) Providing, Installing and Maintaining Smoke Detectors.
(1) The owner of a dwelling shall be responsible for supplying and installing in an operable condition the required
testing instructions to a tenant in the case of rental property.
(2) 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).
(3) 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, in writing, the owner when a detector becomes inoperable, whereafter the owner has ten (10) days in which to repair or replace in operable condition said detector(s). In the battery operated type of detector, battery replacement shall be the responsibility of the tenant.
(4) 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 prior to re-renting the unit.
(5) At every change of occupancy of 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 provide, before occupancy, to 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 the subsection shall be punishable as set forth herein; provided, however, that this subsection shall not be construed to violate or render void any contract, lease or sub-lease subject hereto.
(6) No smoke detector or alternative system shall be directly connected (permanently wired) to the electrical system of a structure without the proper electrical certification.
(E) Supplemental Standards.
(1) This section is intended to be sued with, and supplemented by, the applicable provisions of the National Fire Protection Standards Nos. 72-E and 74 (current edition) which are hereby incorporated herein; however, if there shall be any conflict between this ordinance and the said supplemental standards, this ordinance 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.
(F) Enforcement.
(1) The Bureau of Fire Prevention of the Wilder Fire Department shall be primarily responsible for the enforcement of this section.
(2) 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(s) and/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(s) during the final inspection.
(Ord. 88-0401, passed 5-2-88)