Chapter 18.39
SMOKE DETECTOR SYSTEMS
Sections:
18.39.020 Smoke detectors required in certain structures.
18.39.030 Transfer of dwelling unit or guestroom without smoke detector prohibited.
18.39.050 Testing of the smoke detector.
18.39.060 Complaint, investigation and notice of violation.
18.39.070 Immunities to continue.
18.39.090 Tampering prohibited.
18.39.010 Definitions.
As used in this chapter, the following terms shall have the meanings as defined in this section:
“Dwelling unit” means a structure or part of a structure providing complete independent living facilities for one or more persons, including permanent provisions for living, sleeping, eating, cooking and sanitation.
“Guest” means any person who, for rent paid in money, goods, labor or other tender, hires or occupies a room or dwelling unit for living or sleeping purposes, and includes tenants and lessees.
“Guestroom” means any room or rooms used or intended to be used by a guest for sleeping purposes.
“Hotel” or “motel” means any building or portion thereof containing six or more guestrooms intended or designed to be used, or which are used, rented, leased, hired out or made available on a regular basis to be occupied, or which are occupied, for sleeping purposes by guests.
“Lodginghouse” means any building or portion thereof, containing not more than five guestrooms intended or designed to be used, or which are used, rented, leased, hired out or made available on a regular basis to be occupied, or which are occupied, for sleeping purposes by guests.
“Operator” means innkeeper, proprietor, keeper, owner, or manager of a hotel, motel or lodginghouse, or the owner or landlord of a dwelling unit or the building of which such dwelling unit is a part.
“Owner” means one or more persons, jointly or severally, in whom is vested all or part of the legal title to property or all or part of the beneficial ownership of property, and includes a mortgagee in possession.
“Smoke detector” means an approved detection device which senses visible or invisible particles of combustion, which conforms to the standards of the 2006 International Building Code, and which bears a label or other identification indicating that the device is listed by Underwriters Laboratories or any other nationally recognized testing laboratory. (Ord. 1583 § 17, 2008; Ord. 1022 § 1, 1984)
18.39.020 Smoke detectors required in certain structures.
Every dwelling unit and every guestroom shall each contain at all times an approved and properly functioning smoke detector installed in accordance with the regulations adopted pursuant to KMC 18.39.090. (Ord. 1022 § 1, 1984)
18.39.030 Transfer of dwelling unit or guestroom without smoke detector prohibited.
No person shall convey title or right to possession to any real property which includes a dwelling unit or guestroom unless there is at such time contained in each dwelling unit or guestroom an approved and properly functioning smoke detector installed in accordance with the regulations adopted pursuant to KMC 18.39.090. (Ord. 1022 § 1, 1984)
18.39.040 Owner of rental dwelling unit or guestroom to install smoke detector – Instructions for testing to be provided.
The owner, or his authorized agent, or operator of any dwelling unit or guestroom shall be responsible for supplying and installing in each dwelling unit or guestroom an approved and properly functioning smoke detector and shall provide a notice containing the manufacturer’s instructions for testing of the device. The notice shall be posted prominently in each dwelling unit or guestroom, and brought to the attention of each guest at the time the guest takes possession of such premises. (Ord. 1022 § 1, 1984)
18.39.050 Testing of the smoke detector.
(a) Except as provided in subsection (b) of this section, it shall be the responsibility of the guest to perform such tests of the smoke detectors located in that guest’s dwelling unit or guestroom as are recommended by the manufacturer’s instructions. Testing intervals shall not exceed six months.
(b) For those dwelling units or guest rooms where the guest holds possession for a term of less than one month or where the smoke detector is located in a common use area of a hotel, motel or lodginghouse, the owner, or his authorized agent, or the operator shall be responsible for performing such tests as are recommended by the manufacturer, and the owner or operator is not required to provide a notice of instructions for testing to the guest. Testing intervals shall not exceed six months. (Ord. 1022 § 1, 1984)
18.39.060 Complaint, investigation and notice of violation.
(a) When a dwelling unit or guestroom does not contain a properly functioning and approved smoke detector installed in conformance with this chapter, the guest occupying those premises may give written notice of the deficiency to the owner, or his authorized agent, or the operator. The owner, authorized agent, or the operator to whom notice of deficiency is given shall have 10 days from receipt of such notice to install, in conformance with this chapter, a properly functioning and approved smoke detector, and upon failure to do so, the guest may file a complaint with the fire chief.
(b) Upon receipt of a complaint, the fire chief, or his designee, shall investigate the alleged violation of this chapter. If, upon investigation, the fire chief, or his designee, finds that the owner, or his authorized agent, or the operator has failed to properly install a properly functioning and approved smoke detector in the dwelling unit or guestroom as alleged in the complaint, he may issue to such person a notice of ordinance violation which shall specify a period of not more than 10 days for compliance.
(c) In the absence of a complaint filed by a guest, the fire chief, or his designee, may issue to the owner, or his authorized agent, or the operator, violating any provision of this chapter, a notice of ordinance violation which shall specify a period of not more than 10 days for compliance. (Ord. 1022 § 1, 1984)
18.39.070 Immunities to continue.
This chapter shall not be construed to waive, relinquish, alter, amend or affect in any manner whatsoever the privileges and immunities provided by law to the city or any of its officers or employees while undertaking the enforcement of the provisions of this chapter, nor shall this chapter be construed to hold the city or any of its officers or employees liable for any damage or injury to persons or property resulting from the mechanical failure of a smoke detector required by this chapter or other noncompliance with any provision thereof. (Ord. 1022 § 1, 1984)
18.39.080 Regulations.
The fire chief may formulate by regulation such standards for the installation and maintenance of smoke detectors as are deemed reasonably necessary to effectuate and implement the provisions of this chapter, and such regulations, upon approval and adoption by the council, shall be applicable and binding. Such regulations shall be reduced to writing, maintained on file in the office of the city clerk, and shall be available for public inspection and copying. (Ord. 1022 § 1, 1984)
18.39.090 Tampering prohibited.
No person shall remove, render inoperative or tamper with a smoke detector installed in conformance with this chapter other than for purposes of maintenance, repair, replacement or testing thereof. (Ord. 1022 § 1, 1984)
18.39.100 Penalty.
Any person who violates or fails to comply with any of the provisions of this chapter or any notice or order made pursuant thereto shall be guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine of not more than $300.00. (Ord. 1022 § 1, 1984)