ORDINANCE NO. 25-2009 AN ORDINANCE OF THE CITY OF ELIZABETHTOWN, KENTUCKY REGULATING SMOKE DETECTOR INSTALLATION AND MAINTENANCE IN RESIDENTIAL PROPERTY WHEREAS, properly installed and maintained smoke detectors have been proven to dramatically increase the chance for survival in home fires; and WHEREAS, the Elizabethtown City Council has determined that the regulation of smoke detectors in residential properties is necessary to protect the health, safety and general welfare of the citizens of the City of Elizabethtown; and WHEREAS, continued maintenance of properly installed smoke detectors is key to the success of that effort, BE IT ORDAINED by the City of Elizabethtown, Kentucky that from and after the passage, approval and publication of this Ordinance as follows: SECTION 1. INSTALLATION AND MAINTENANCE. (A) The owner of a dwelling shall be responsible for supplying and installing in an operable condition, the required detectors and for providing the manufacturer's maintenance and testing instructions to the tenant. (B) The owner of a dwelling shall be responsible for maintenance, inspection, and testing of detectors, which are located in common areas and/or detectors in rooming units where the tenant usually has periods of occupancy less than 30 continuous days, (such as, hotels, motels, tourist homes, and boarding houses, identified as use group R-1 in the International Building Code with Kentucky amendments). This maintenance, inspection and testing shall be performed in accordance with manufacturer's instructions, and in accordance with provisions of the most current edition of NFPA (101) Life Safety Code, and/or NFPA (1), Uniform Fire Code.. (C) The tenant (in other than R-1 use group) shall be responsible for maintaining and testing the detectors, in accordance with the manufacturer's instructions, which are within his or her exclusive control during the life of the tenancy. (D) At every change of tenancy, in all dwellings, 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. An affidavit shall be prepared and signed by both tenant and owner attesting that working smoke detectors are in place. A copy shall be retained by the owner of the property for the length of time that the specific lease agreement is in effect and shall be made available for review on request of fire or building code officials.
(E) At every change of dwelling ownership it shall be the duty of the seller to test and ascertain that those detectors contained in the unit are in code compliant locations and in operable condition. A signed affidavit of the property owner shall be given to purchaser, seller, and real estate closer before property transfer. SECTION 2. DEFINITIONS For the purpose of this ordinance, the following definitions shall apply unless the context clearly indicates or requires a different meaning. DWELLING. Any building which contains one or more dwelling units or any rooming units, rooms, or area designated or used for sleeping purposes either as a primary use or use on casual occasions. This term shall include single-family dwellings, duplexes, rooming houses, hotels, motels, tourist homes, school dormitories, apartments and/or condominium buildings. DWELLING UNIT. Any group of 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. NFPA. National Fire Protection Association OWNER. Any person 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; or (2) Shall have charge, care, or 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. This term 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. TENANT. Occupant of a dwelling, dwelling unit, or rooming unit irrespective of existence of written lease agreement, or lack thereof. SECTION 3. SMOKE DETECTORS REQUIRED; TYPE AND PLACEMENT. (A) In order to comply with this ordinance, only ionization or photoelectric type detectors listed by a nationally recognized testing laboratory shall be installed.
(B) Smoke detectors shall be installed in accordance with applicable NFPA standards and the manufacturer s recommendations. Detectors may be ceiling or wall mounted, provided that they shall be mounted at a minimum of four inches and a maximum of 12 inches from the ceiling, and not closer than four inches from the point at which the ceiling and wall meet. (C) Smoke detectors shall be installed as specified by the International Building Code with Kentucky Amendments and NFPA 72 National Fire Alarm Code. SECTION 4. ENFORCEMENT (A) The Chief of the Fire Department, Code Official, or any of their designated representatives, are hereby authorized and directed to enforce all provisions of this ordinance and the final determination concerning compliance herewith shall be the sole discretion of the [Authority Having Jurisdiction (AHJ)], as described in 815 KAR 10:060, of the Fire Department, or Code Official. Upon the presentation of official credentials, an authorized inspector of the Fire Department, or Code Official, may enter with consent any premises covered by these regulations to perform the duties imposed upon him or her by these regulations. (B) The source of authority to issue orders as described in subsection (A) shall include, but not be limited to, any authority granted under KRS Ch. 227 and 815 KAR 10:060 SECTION 5. PENALTY Any person violating this ordinance may be cited for a civil offense pursuant to the Code Enforcement Board Ordinance and Fine Schedule. Each day of violation may be considered a separate occurrence. The civil fine shall be paid directly to the City of Elizabethtown. If the fine is not paid within thirty (30) days from the date of notification, then the City may recover said fine in a civil action in a court of proper jurisdiction. The City may also obtain injunction or abatement orders to insure compliance with this ordinance. The citing officer may at his or her discretion cite the offender to appear before the Code Enforcement Board (Ord. #9-2003). SECTION 6. SEVERABILITY If any section, paragraph, clause or provision of this ordinance shall be held invalid or ineffective for any reason, the remainder hereof shall continue in full force and effect, it being expressly hereby found and declared that the remainder of this ordinance would have been adopted despite the invalidity of such section, paragraph, clause or provision. BE IT FURTHER ORDAINED that the Mayor of the City of Elizabethtown and/or his designate be and he is hereby authorized and directed to take all steps necessary to perfect this ordinance. READ THE FIRST TIME on 16 th day of November, 2009.
READ, ADOPTED & APPROVED on 7 th day of December, 2009. ATTESTED: DAVID WILLMOTH, JR., MAYOR MARY CHAUDOIN, CITY CLERK
OWNER / LANDLORD AFFIDAVIT OF SMOKE DETECTOR STATUS I owner/seller of the property located at Signature Printed name Full street address (including apartment number as applicable). No P.O. Boxes have checked all smoke detectors in the above property and hereby avow that they are listed for household use and that those noted below are in working order consistent with manufacturers recommendations and that these smoke detectors are properly installed in accordance with manufacturer recommendations and as identified in NFPA 72 (National Fire Protection Association) Fire Alarm Code, and at all locations specified in the International Building Code with Kentucky Amendments, section 907.1.10.1.2 (2007). Example (1) ceiling of_1 st floor center hallway, outside bedrooms_ (2) ceiling in master bedroom (1) (2) (3) (4) (5) As purchaser/tenant of the above listed property I agree to maintain the smoke detectors listed above in accordance with manufacturer s recommendations and/or those of the National Fire Protection Association. Received by: Date: / / Purchaser/ Tenant The International Building Code with Kentucky Amendments (2007), Chapter 907.1.10.1.2 reads: Single or multiple-station smoke alarms shall be installed and maintained in Groups R-2, R-3, R-4, and I-1, regardless of occupant load at all of the following locations: 1. On the ceiling or wall outside of each separate sleeping area in the immediate vicinity of the bedrooms. 2. In each room used for sleeping purposes. 3. In each story within a dwelling unit, including basements and cellars but not including crawl spaces and uninhabitable attics. In dwellings or dwelling units with split levels and without an intervening door between the adjacent levels, a smoke alarm installed on the upper level shall suffice for the adjacent lower level provided that the lower level is less than one full story below the upper level. For information regarding smoke detector installation contact the Elizabethtown Fire Department at 765-2121, between the hours of 8 am and 5 pm, Monday through Friday.