Loading...
HomeMy WebLinkAboutAmending Chapter 9 Smoke Detectors in Multiple Dwelling Units and Rental Units r ORDINANCE No. 7956-89 Passed by the Common Council of the City of South Bend, Indiana January 9, 19 89 Attest: "-`K- • City Clerk IRENE K. GAMMON Attest: ./ President of Common Council Presented by me to the Mayor of the City of South Bend, Indiana _ January 10, r9 89 City Clerk IRENE K. GAMMON Approved and signed by me i C ...) a �'`�`' "- M yor • { Substitute Bill No. 94-88 ORDINANCE NO. 7qS(Q-g Ct AN ORDINANCE AMENDING CHAPTER 9, ARTICLE 2 OF THE MUNICIPAL CODE OF THE CITY OF SOUTH BEND, INDIANA COMMONLY KNOWN AS "SMOKE DETECTORS IN MULTIPLE DWELLING UNITS AND RENTAL UNITS. " STATEMENT OF PURPOSE AND INTENT In 1980 the Common Council passed Ordinance No. 6767-80 which required smoke detectors in multiple-dwelling units and dwelling units. This ordinance was subsequently amended by the passage of Ordinance No. 6879-81 in 1981. The City Administration and the Common Council have jointly determined that changes to the local ordinance are needed in order to promote and enhance greater public health and safety. Therefore the attached Bill incorporates amendments which further strengthen the current regulations by requiring the installation of smoke detectors in all residential units which would require an electrical permit when being remodeled and in all new construction of such units. NOW, THEREFORE, BE IT ORDAINED BY THE COMMON COUNCIL FOR THE CITY OF SOUTH BEND, INDIANA as follows: Section I. Chapter 9, Article 2 of the South Bend Municipal Code is amended to read as follows: ARTICLE 2 . SMOKE DETECTORS REGULATIONS IN MUETIPEE-BWEEBING-UNITS-AND-RENTAL-BWELEING-UNITS Sec. 9-9. Short Title. This article shall be known as "Smoke Detectors Regulations. " Sec. 9-10. Intent and purposes. The Common Council hereby declares that to require installation of smoke detection equipment and to require its proper maintenance in all: (1) multiple-dwelling units; (2) all rental family dwelling units operated as rental property; and (3) family dwelling units constructed or remodeled after the effective date of this Ordinance and required to have a permit pursuant to Section 6-24 of this Code, will benefit the public health, safety and welfare of the community. Sec. 9-11. Definitions. When used in this article: €ellewng-elassi ieatienst fa*--Atra t ne/qt-arce--sh.EA fie--de-€ir&-&s-set • . 1 .% f e}-- et 4,- &tee,--iedglmg--hotmmt -er-reem4rig house-sh.a1I-die-elel4neel--as--set-fnt-h-i11- ti-en--1-1- 5-f 1+-e€ this-eede- struetures-rented--as-- reef.deftee-and-oee ri rd by--lesa than eaeh-ether- f 3}--Smeke-deteeters-shetii-be-de€fined-as-egt4pment designed--te--e1etee -- i-s 4ri-e---or--i-rt i-&fl-h-e--paw fee--ef eembusteni----appreved----by----Underwtiters----Baberatery- Ineerperated;-and-wh eh-eenform-te-the-Hni€erm-Building-Bede Standard-Ne7-43-67-as-amended-frem-tme-te-time.- f4}---eerrider--s i3-&e-ele-ftaeel--es--a- ÷1 -er ether--ai°e-a -on--eaeh--f3 ?--provding- ceps-trtr-- ndvdual dwelling- -within--a--multiple- 13 i- -unt-ter--rents l unt7--f8rd7-AFB 77-676 -89;--1;-erd--Ner-68 9-8i;--1} (1) Alarm signal means an audible signal of at least eighty-five (85) decibels at ten (10) feet, and capable of persisting at such level for at least four (4) minutes. (2) Corridor means a hallway or other area on each floor providing access to individual dwelling areas within a multiple dwelling unit. (3) Family dwelling unit means any structure, area, room or combination of rooms not considered a multiple dwelling unit, as defined herein, in which a family or individual (s) lives. This is meant to cover living areas only and not common usage areas such as corridors. (4) Labeled, when pertaining to equipment or materials, means an attached label, symbol or other identifying mark acceptable to the South Bend Fire Department and the Building Department of the City of South Bend. (5) Listed, when pertaining to equipment or materials, means inclusion on a list published by an organization acceptable to the South Bend Fire Department and the Building Department of the City of South Bend indicating that a product meets appropriate standards or has been tested and found suitable for use in a specified manner. (6) Multiple dwelling units shall include the following classifications: (a) Apartment house, which shall be defined as set forth in section 21-1 (a) (3) of this Code. (b) Boardinghouse, which shall be defined as set forth in section 21-1 (a) (6) of this Code. (c) Hotel, motel, lodging house or rooming house, which shall be defined as set forth in section 11-15 (1) of this Code. (7) NFPA74 means standard 74 of the National Fire Protection Association, which is located in Batterymarch Park, Ouincy, Maryland, 02269. • (9) Sleeping area means the area or areas of the multiple dwelling unit or family dwelling unit in which the bedrooms (or areas used for sleeping. purposes) separated by other use areas, such as kitchens or living rooms, (but not bathrooms) are located. (10) Shall indicates a mandatory requirement. (11) Smoke detector means a device which detects visible or invisible particles or combustion as listed by Underwriters' Laboratory, Inc. , and which conform to the Uniform Building Code Standard No. 43-61, as amended from time to time. See---9-1�:---its 3 ed- -res i-3�r�it-y-- e -i-� t-e-1}e-ticnr-arid mantenanee--standards- f a}---k1-}- uItiple- ei33 rt-s--asd--rerrt-a---±tits--as heretofore-defined-skaII-be-equpped-wth-smoke-deteeters 7 f13}---give- eiettEm!7--me ages-o-�---ale -ef- re--heretofore defined- ttz3-t41:4-e--c ut4ts--a-nd--retfraI- trite--sera-mil--be respensible-€o-p---the-- 1istalIat4en--and-li art- nt el -of-ail smeke-deteeters- fe}---�n--at�Yterrt-1°�et�ses;--i�rrt-a-l--ttai�s--and-e�is�ir�g hotels-aae -ito-trelre-,- -smake-deteeters-s ra44--fitted-erg eentrally--i a -e i-rt-tine-� � ,--e&-ia--tre--a-g. a--g4viag aeeess-to-the-roosts-used-for-sleepng-purpeses- {.(31}--In-beardng-houses;-lodgng-houses,--roomng-houses and-new-eosst e.4os-+ t-&-sue--a - o-t-e-1.s-,--car- he.se-lte€eIs-and motels-3 r--wYri,ch-eort4ders--o-r--sleeping- e4ars--ai°e-remodeled after-the-passage-ef-this-artieie;-the-smek.e-deteeters-sitsii ee-eenti^a44 loc t- d--air-#die--e g--er€-eaeh-- ee --use --fer sleeping-�rposee- --e�er�-fifty--(-54}---fit-algne�--eaeh eerrider- -fe}--AII-smoke-deteeters-shall-be-ideated-wthn-twelve reeessed-inte-the-eeng- f f}---When--set- et-e --aII-syneke--det-ec =s- e-1-1 -prevde an-- ttei4t4 ba-i--of--ate t-eghtyef ve--(-6-S-j- decibels--at ten-fie}-feet,--and-eaeh-alarm-shall-ee-eapaele-ef-persistng fer-at-least-fear-f 4}-atinutes- - g}--Etteh--acrd-wry-- -! eirt a--ate rewt-a-] -±rtit-te be-buld-er- n-the-preeess-ef-being-bult-and-these-exsting units-wh eh-undergo-eIeetrieai-work-to-the-extent-that-a-new serviee-panel-is-put- n-and- ndividual-resat-ereuts-te-eaeh ewe��ing--unit--ares--edFkeFk;--�ttxs-t-� --x--aatal�e--detester peratanent1y- torture&--t-o---a-- - --eeee-teal--eutlet--er iunet4en-bex-w4thiA t--a--d-s-cot teo-t -Orgy-these smeke-deteeters-reeegnsed-fer-use-under-Seeten-IRle-of-the �ne�iana-�il�i-ng--Sede-�Fe�l�rat�-�;-19Brr-edition,---as--aatended frost--t-i -te-trlate;-- -sat4sfy--t -requirements--o-f--thls ere7-Ne -7692786;--6} Sec. 9-12 . Basic requirements. (a) All multiple-dwelling units and all family I (b) All family dwelling units constructed or remodeled after the effective date of this Ordinance which require a permit(s) pursuant to Section 6-24 of this Code and which are within the corporate limits of the City of South Bend, Indiana, shall be equipped with the minimum number of functional, properly located, labeled and listed, smoke detector(s) or their equivalent or better, as described in NFPA74 . See.--9-43---Mamtemamee7 fa}--It-shall-be-uniawfui-fer-amy-persem-te-tamper-w th em-memeve-amy-smeke-deteeter-emeept-whew-It- s-neeessary-fer mantemanee-er-inspeet em-purpeses- f b}-----terry---s��to-leer-deteete�--�e�noaeel---fir-- ter---ems meplaeememt-mtist--be--lee--ir t-a-rlec -er-repleteed-so--t4rft-t-mot- s emd 7-Ne7-6879-8±7--±} Sec. 9-13 . Installation; location. (a) Smoke detectors shall be installed and located as follows: (1) All smoke detectors shall meet the minimum number requirements as set forth herein and shall be installed according to the manufacturer's instructions. (2) In apartment houses and existing hotels and motels, the smoke detector shall be mounted on the ceiling or wall every thirty (30) feet, at a point centrally located in the corridor, but in no event more than fifteen (15) feet from the end of such corridor, and in the immediate vicinity of, but in no event more than fifteen (15) feet from, all sleeping areas. (3) In boardinghouses, lodging houses, rooming houses and new construction hotels and motels, or those hotels or motels in which corridors or sleeping rooms are remodeled after the effective date of this Ordinance, the smoke detectors shall be centrally located on the ceiling of each sleeping area and every thirty (30) feet along each corridor, but in no event more than fifteen (15) feet from the end of such corridor. (4) In all family dwelling units, the smoke detectors shall be installed and located outside of the bedrooms but in the immediate vicinity of the sleeping areas, within fifteen (15) feet of all rooms used as sleeping areas. (b) The smoke detector shall be installed on or near the ceiling, not less than six (6) inches from any wall, or on a wall, not less than six (6) inches nore more than twelve (12) inches from the ceiling. No smoke detector shall be recessed into the ceiling. Smoke detector installation shall be subject to the approval of the South Bend Fire Department and the Building Department of the City of South Bend, when installed in conjunction with the permit requirements of Section 6-24 of this Code. (c) Smoke detectors may be A.C. powered only if they are directly attached to a junction box not controlled by any switch other than the main bower supply. The • See7-9-1 ---Enforcement;- nspection-prerequste-te- ssuanee ef-busness-leense- fa}---9re--Buile�ine�--Dew-�tt--o-f-- 1°ie--C-rt - ilr-eke assisanee--o- - lr�-Fire--ire -�t-nte�tt-frf--the-�-rte--sral-�-be eha god-w irer- --ekrt- ---of-- errf-ot' g--#lam-hems--a€--this a�tiele- fb}-- free--a--1leen -can-be-- re -hhe-operaton ef--any--betel;--motel;--rooming--Meuse--er--lodgng--Meuse- pursuant-te-seetien-11-98-ef-this-eerie;-sa4d-buldngs-shall be-inspeeted- o- * ?-re--bh.a-t-a-��— -det-eete- -requi.reci-by this-arctiele-et-e-4 - rl-art�e--arid--olma-rlierb ---fO .--Ne--6767-89; 17-6rd7-Ne-r-6879-81;--1} Sec. 9-14 . Maintenance; testing. 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. (a) Multiple-dwelling units and Family Dwelling Units Operated as Rental Property. Each smoke detector in each multiple-dwelling unit and in each family dwelling unit operated as rental property may be tested in accordance with manufacturer's recommendation, but shall be tested at not more than six (6) month intervals, 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. (b) Family dwelling units. Each smoke detector in each family dwelling unit may be tested in accordance with manufacturer's recommendations, but shall be tested at not more than six (6) month intervals, and maintained as necessary, to ensure it is in operable condition. Seetien--9-147--Penalty.- Any-fir-found-1r-volaton-- -f--ths--ai i-e-re7,--open een�ictien;-slia33- -€ii°red- n--t-ire--atc3ur}i=-e€- ro lcss than ene--hundi -dellars--(- 1-E)-0-.-ate--per- nee--than--c}rre--thousand dollars-f$1;9496.-499}-f0T r-�ti-o3-at-irtxr.---e3- .-rye--6767-88; 17-erd 7-No7-6879-817--1} Sec. 9-15. Duty of property owner, manager, or rental agent. Every owner, or manager or rental agent of such owner, of any multiple-dwelling unit or family dwelling unit shall be responsible for the installation and maintenance of required smoke detectors. It is the responsibility of the tenant to maintain in good working order all such smoke detectors provided by the owner, including replacement of batteries, as needed, in any battery powered smoke detector provided by the owner. The complete maintenance of any smoke detector connected to the building wiring system shall be the responsiblity of the owner, manager or agent of the property. Sec. 9-16. Enforcement: inspection nreremiisite to issuance r (b) Before a license can be issued for the operation of any hotel, motel, rooming house or lodging house, pursuant to this Code, said buildings shall be inspected to ensure that all smoke detectors required by this article are in place and operable. (c) When a family dwelling unit is remodeled or constructed after the effective date of this Ordinance and requires a permit pursuant to Section 6-24 of this Code, inspections shall include compliance with the smoke detector regulations included herein. Sec. 9-17. Violation; penalty. (a) Any person, firm or corporation violating any provision of this article, or who shall fail to comply with the lawful order issued by the South Bend Fire Department and/or the Building Department of the City of South Bend, for each such violation or failure shall be fined in the amount of not less than one hundred dollars ($100. 00) nor more than one thousand dollars ($1, 000. 00) for each violation. (b) Each day such violation is permitted to continue may be deemed to constitute a separate offense. Section III. This ordinance will be in full force and effect 30 days after its passage, signature by the Mayor and legal publication. Membe .f the Co •n Council SOUTH 8.A\111 1 11" ,,,,,,, ; City of South Bend Joseph E. Kernan, Mayor South Bend Common Council John Voorde Ann Puzzello Thomas Zakrzewski President Vice-President Chairman, Committee of the Whole Date: January 10, 1989 To: The South Bend Common Council From: Kathleen Cekanski-Farrand Re: Smoke Detector Ordinance Revised Substitute Bill No. 94-88 I am attaching the final version of Substitute Bill No. 94- 88 which was amended on the floor at last evening's council meeting. Please note that amendments have been incorporated into Sections 9-10, 9-12, 9-14, and 9-16. I am giving a publication prepared by the U.S. Department of Commerce, National Fire Prevention and Control Administration to Council Member Soderberg which is entitled "Smoke Detectors: Moving the Public. " This publication provides information as to getting local media involvement, includes sample press releases, sample radio announcements, and sample letters to civic and social organizations. I believe that this information should prove helpful in conjunction with the proposed resolution which will be acted upon at the January 23rd council meeting where we will be officially launching the "Smoke Detector Installation Campaign. " A copy of that resolution was provided to each of you at yesterday's Public Safety meeting as well as to Chief Taylor and Jenny Pitts Manier. The original of that resolution has been duly filed with the City Clerk. Thank you. KCF:srk Attachment cc: Chief Taylor Irene Gammon Jenny Pitts Manier County-City Building • South Bend. Indiana 46601 • 219/284-9321 Stephen Luecke Donald Niezgodski William Soderberg Ann Puzzello Linas Slavinskas First District Second District Third District Fourth District Fifth District Thomas Zakrzewski Sean Coleman Loretta Duda John Voorde Kathleen Cekanski-Farrand Sixth District At Large At Large At Large Council Attorney • • Q ntnutittn &port din the f![n nnunt lhiounril of the atttg of$nutll rnd: of the Whole Your Committee to whom was referred BILL NO. 94-88 A BILL AMENDING CHAPTER 9, ARTICLE 2 OF THE MUNICIPAL CODE OF THE CITY OF SOUTH BEND, INDIANA COMMONLY KNOWN AS "SMOKE DETECTORS IN MULTIPLE DWELLING UNITS AND RENTAL UNITS." Respectfully•report that they have examined the matter and that in their opinion This bill should be recommended to the Council favorable, as amended, by substitution of a new bill. Steve Luecke Chairman FREE PRESS 04E3 lip PUBLISHING CO.