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HomeMy WebLinkAboutAmending Chapter 9 Amend the Requirments for Smoke DetectorsORDINANCE N0.6879 -81 Passed by the Common Council of the City of South Bend, January 12, 19 81 X� Clerk IRENE K. GAMMON of Common Council Presented by me to the Mayor of the City of South Bend, January 13 19 81 IRENE K. GAMMON Clerk ORDINANCE NO. 1,R-1 j -91 Aid ORDINANCE AMENDING CHAPTER 9, ARTICLE 2 OF THE MUNICIPAL CODE OF THE CITY OF SOUTH BEND, INDIANA, TO AMEND THE REQUIREMENTS FOR SMOKE DETECTORS. STATEMENT OF PURPOSE AND INTENT: The Common Council of the City of South Bend has recognized that fire prevention is critical to the public safety and general welfare of the city and that the installation of smoke detection equipment in multiple dwelling units would improve the protection of the public safety and welfare from needless fires. To that end the Council passed Chapter 9, of Article 2, of the Municipal Code requiring such smoke detector installation. To enable this Chapter to be enforced it is necessary to make certain amendments to that Ordinance. NOW, THEREFORE, BE IT ORDAINED by the Common Council of the City of South Bend, Indiana, as follows: SECTION I. That Chapter 9, Article 2 of the Municipal Code of the City of South Bend shall be amended as follows: ARTICLE 9. SMOKE DETECTORS. Sec. 9 -9. Short Title. This Article shall be known as the Smoke Detectors. Sec. 9 -10. Intent and Purposes. The Common Council hereby declares that to require the installation of smoke detection equipment and to require its proper maintenance in all multiple dwelling units and all rental units whim- are - net- ewner- eeexpied; will benefit the public health, safety and welfare of the Community. Sec. 9 -11. Definitions. When used in this Article: (1) Multiple dwelling units shall include the following classifications: (a) "Apartment House" shall be defined as set forth in Sec. 21 -1 (a) (3) of this Code. (b) "Boardinghouse" shall be defined as set forth in Sec. 21 -1 (a) (6) of this Code. Ee }-- '- 'B6ae }l�xg ; -atx }t #gee- €artily "_ shall-be-de€}aed-as set- €e�tk -ia- See-- 2I- 1- Eaj- E�B� -a €- skis -6ede- Ede (c) "Hotel, motel, lodginghouse or rooming house" shall be defined as set forth in Sec. 11 -15 (1) of this Code. (2) "Rental Units" shall be defined as those structures rented as a residence and net-ewaer occupied by less than three (3) families livine independently and exclusively of each other. (3) "Smoke Detectors" shall be defined as equipment designed to detect visible or invisible particles of combustion, approved by Underwriters Laboratory, Incorporated, and which conform to the Uniform Building Code Standard No. 43 -6, as amended from time to time. (4) "C on each a multiple we Sec. 9 -12 ' shall be defined as a hallway or other area ig access to in ividuai dwelling areas within Smoke Detectors Required. (a) All multiple dwelling units and rental units as heretofore defined shall be equipped with smoke detectors. (b) The owner, manager, or agent of the heretofore defined multiple dwelling units and rental units; shall be responsible for the installation and maintenance of all smoke detectors. (c) In multiple- family- dwellings apartment houses, rental units and existing hotels and motels, the smoke detectors shall be mounted on the ceiling or wall every fifty (50) feet, at a point centrally located in the corridor, and in the area 'giving access to the rooms used for sleeping purposes WRe e- sleeping -Teems -are en- an- xpper- level; - the- deteeter- shall -be- plaeed -at- the- eenter -e€ the - eeiling- direetly- abeve- the - stairway- (d) In apartment- kexses; boardinghouses, lodginghouses, rooming houses, and new construction hotels and motels or those hotels and motels in which corridors or sleeping rooms are re- modeled after the passage of this Article, the smoke detectors shall be centrally located on the ceiling of each room used for sleeping purposes and every fifty (50) feet along each corridor. (e) All smoke detectors shall be located within twelve (12) inches of the ceiling, and no detector shall be recessed into the ceiling. (f) When actuated, all smoke detectors shall provide an audible alarm of at least eighty -five (35) decibels at ten (10) feet, and such alarm shall be capable of persisting for at least four (4) minutes. (g) Each and every a artment house and rental unit to be built or in the process o being built and those existing units which under o e ectrical work to the extent that a new service anel is ut in and individual room circuits to each wellin unit are added, must have a smoke detector permanently mounted to a standard electrical outlet or 'unction box without a disconnect wa switch. On those smoke etectors reco nine or use under Sec. of the Indiana Construction Rules and Regu ations, Vo- lume 1. 1978 Ed., as amended from time to time.will satisfy the Sec. 9 -13. Maintenance. (a) It shall be unlawful for any person to tamper or remove any smoke detector except when it is necessary for maintenance or inspection purposes. (b) Any smoke detector removed for repair or replacement must be reinstalled or replaced so that it is in place when the room is occupied. Sec. 9 -14. Enforcement. (a) The Building Department of the City with the assistance of the Fire Department of the City shall be charged with the duty of enforcing the terms of this Article. (b) Before a license can be issued for the operation of any hotel, motel, rooming house or lodginghouse, pursuant to Sec. 11 -20 of this Code, said buildings shall be inspected to ensure that all smoke detectors required by this Article are in place and operable. - 2 - Sec. 9 -15. Penalties. Anyone found in violation of this Article, and upon con- viction, 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. SECTION II. This Ordinance shall be in full force and effect immediately upon passage by the Common Council, approval by the Mayor, and legal publication. Member of the Common Counci Passed January 12, 1981, as amended - 3 - Richard L. Hill City Attorney Robert M. Parker Chief Deputy Thomas L. Bodnar Terry A. Crone Gregory D. Loughridge James A. Masters Carolyn V. Pfotenhauer Robert C. Rosenfeld Eugenia S. Schwartz Kathleen E. Skiba CITY of SOUTH BEND ROGER O. PARENT, Mayor COUNTY -CITY BUILDING SOUTH BEND, INDIANA 46601 December 3, 1980 219/2849241 Members of the Common Council 4th Floor Council Chambers County -City Building South Bend, Indiana 46601 Dear Council Members: Attached is a proposed ordinance amending Chapter 9, Article 2 of the Municipal Code of the City of South Bend. This proposed ordinance amends the Smoke Detector Ordinance passed earlier this year by the Common Council. The amendments are necessary to cla- rify the ordinance so that it may be enforced. We have received substantial evidence of cooperation from the citizens of the City of South Bend in install- ing smoke detectors in the dwelling units covered by this ordinance. However, confusion has arisen as to the required placement. This proposed ordinance, if passed by the Common Council, would alleviate this confusion and, in addition, would bring the require- ments for smoke detectors into compliance with require- ments of the Indiana Construction Rules and Regulations. I shall be happy to answer any questions you may have about this proposed ordinance. RLH /ESS:az Att. Very truly yours, d1___e Richard L. Hill City Attorney (Invind trr Itrpnrt on tke 00ummu (90=9 of tilt !Q#y of onut4 wend: Your Committee OF THE WHOLE to whom was referred A BILL AMENDING CHAPTER 9, ARTICLE 2, OF THE MUNICIPAL CODE OF THE CITY OF SOUTH BEND, INDIANA, TO AMEND THE REQUIREMENTS FOR SMOKE DETECTORS. Respectfully report that they have examined the matter and that in their opinion THIS BILL SHOULD BE TO THE COUNCIL FAVORABLE, AS AMENDED: BY SUBSTITUTING NEW BILL. JOHN VOORDE Chairman RP[[ �[6[t �YOl1iXIN6 CO.