CHAPTER 102
SMOKE DETECTORS
Section
102.02 Hotels and motels; installation of smoke detectors
102.03 Dwellings; installation of smoke detectors
102.04 Landlord and tenant obligations
102.01 DEFINITIONS.
For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
DWELLING. A residence with at least 1dwelling unit as set forth in I.C. 22-12-1-4(a)(1)(B) and I.C. 22-12-1-5(a)(1).
HOTELS AND MOTELS. Buildings or structures kept, maintained, used, advertised, or held out to the public as inns or places where sleeping accommodations are furnished for hire for transient guests.
LANDLORD. Has the meaning set forth in I.C. 32-31-3-3.
OWNER. A person having control or custody of any building covered by this chapter.
PERSON. An individual, corporation, partnership, association, or other legal entity.
RENTAL PREMISES. Has the meaning set forth in I.C. 32-31-3-8.
SEASONALLY OCCUPIED DWELLINGS. Hotels and motels open to the public for occupancy by guests only during any period of time between April 15 and October 15 of each year.
SINGLE LEVEL DWELLINGS. All single level (no more than 1 level above ground) hotels and motels that have no interior corridors, and whose individual rooms have exterior exits.
SMOKE DETECTOR. A device which senses visible or invisible particles of combustion and conforms to the minimum standards for type, components, and maintenance prescribed by the National Fire Protection Association.
TENANT. Has the meaning set forth in I.C. 32-31-3-10.
(Ord. 2008-1975, passed 11-10-2008)
102.02 HOTELS AND MOTELS; INSTALLATION OF SMOKE DETECTORS.
(A) All hotels and motels must have functional smoke detectors.
(B) Except as provided in division (E), a detector must be installed in all interior corridors adjacent to sleeping rooms and must be spaced no farther apart than 30 feet on center, or more than 15 feet from any wall.
(C) The detectors must be hard wired into a building’s electrical system, except as provided in division (E).
(D) The detectors must be wired in a manner that activates all devices in a corridor when 1 is activated, except as provided in division (E).
(E) (1) All single level dwellings, all seasonably occupied dwellings, and all hotels and motels with 12 sleeping rooms or less (and containing no interior corridors) are exempt from the requirements of divisions (B), (C), and (D). In all such units:
(a) A detector must be installed in each sleeping room; and
(b) The detector may be battery operated.
(2) If a battery operated detector is installed, it must contain a tamper resistant cover to protect the batteries. If a battery operated detector is not installed, the detector must be hard wired into the building’s electrical system.
(Ord. 2008-1975, passed 11-10-2008) Penalty, see § 102.99
102.03 DWELLINGS; INSTALLATION OF SMOKE DETECTORS.
A dwelling must have at least 1 functional smoke detector installed as follows:
(A) According to the manufacturer’s instructions.
(B) Outside of each sleeping area in the immediate vicinity of the bedrooms.
(C) On the ceiling or a wall not less than 4 inches or more than 12 inches from the ceiling. A smoke detector may not be recessed into a ceiling.
(D) On each additional story of the dwelling, including basements, cellars, and habitable attics. Unless there is a door between levels in dwellings with split levels, a smoke detector must be installed only on the upper level if the lower level is less than 1 full story below the upper level.
(E) All smoke detectors must be:
(1) Battery operated or hard wired into the dwelling’s electrical system;
(2) Accessible for servicing and testing; and
(3) Maintained and at least 1 time every 6 months tested by the occupant to ensure that the smoke detector is in operational condition.
(F) Each owner of a rental unit, or the manager or rental agent of the owner is responsible for:
(1) The proper installation of a required smoke detector; and
(2) The replacement and repair of a required smoke detector within 7 working days after the owner, manager, or rental agent is notified orally or in writing of the need to replace or repair the smoke detector.
(G) A person may not tamper with or remove a smoke detector except when necessary for maintenance purposes.
(Ord. 2008-1975, passed 11-10-2008) Penalty, see § 102.99
102.04 LANDLORD AND TENANT OBLIGATIONS.
(A) At the time a landlord delivers a rental unit to a tenant, the landlord shall require the tenant to acknowledge in writing on a form provided by the Fire Chief or the Building Commissioner that the rental unit is equipped with a functional smoke detector. The landlord shall keep the originally executed form on file and shall display the same to the Fire Chief (or his or her designee) or the Building Commissioner upon their reasonable request to examine the form.
(B) A tenant shall ensure that each smoke detector installed in the tenant’s rental unit remains functional and is not disabled. If the smoke detector is battery operated, the tenant shall replace batteries in the smoke detector as necessary. If the smoke detector is hard wired into the rental unit’s electrical system, and the tenant believes that the smoke detector is not functional, the tenant shall notify the landlord orally or in writing of the need to replace or repair the smoke detector pursuant to § 102.03(F)(2) of this chapter or pursuant to I.C. 22-11-18-3.5(e)(2).
(Ord. 2008-1975, passed 11-10-2008) Penalty, see § 102.99
102.05 ENFORCEMENT.
The Building Commissioner or the Fire Chief (or his or her designee) is charged with the duty to enforce the terms and provisions of this chapter.
(Ord. 2008-1975, passed 11-10-2008)
102.99 PENALTY.
Any person who violates any provision of this chapter shall be subject to a fine of not less than $25 and not more than $2,500 for each violation. A separate offense shall be deemed committed on each day during or on which a violation occurs or continues.
(Ord. 2008-1975, passed 11-10-2008)