Loading...
HomeMy WebLinkAboutAmending Chapter 9 Entitled Smoke DetectorsORDINANCE No 6767 -80 Passed by the Common Council of the City of South Bend, Indiana_ April 14, 19 80 Attest: City Clerk IRENE K. GAMMON Attest: of Common Council Presented by me to the Mayor of the City of South Bend, Indiana April 15, 19 -LO Clerk IRENE K. GAMMON Approved and signed by me - Ig Lo ORDINANCE NO. g� AN ORDINANCE AMENDING CHAPTER 9 OF THE MUNICIPAL CODE OF THE CITY OF SOUTH BEND, INDIANA, BY THE INCLUSION OF NEW ARTICLE 2 ENTITLED SMOKE DETECTORS STATEMENT OF PURPOSE AND INTENT The Common Council of the City of South Bend, Indiana, recognizes that fire prevention is in the public's best interest. The Council further recognizes that the protection of the public's health, safety, and welfare from needless fires may be improved by the installation of smoke detection equipment in multiple dwelling units. In light of the annually by fire; tha annually by fire; and a normal way of life; proper maintenance of prevention of loss of escape. statistics that show that 12,000 Americans die t over 300,000 persons are severely injured that 50,000 persons are unable to return to the Council believes that the installation and smoke detection equipment may contribute to the life and property due to early warning and In the interest of trying to prevent the needless loss of life and property by fires, the Council introduces the following Bill. NOW, THEREFORE, BE IT ORDAINED by the Common Council of the City of South Bend, Indiana, as follows: SECTION I. Chapter 9, Article 2 of the Municipal Code of the City of South Bend, Indiana, shall read in its entirety 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 which are'not owner occupied., will_,benefit the public health, safety, and welfare of the Community. tions: SEC. 9 -11. -Definitions. When used in this Article: (1) Multiple dwelling units shall include the following classifica- (a) "Apartment House" shall be defined as set forth in Section 21 -1 (a) (3) of this Code. (b) "Boardinghouse" shall be defined as set forth.in Section 21 -1 (a) (6) of this Code. (c) "Dwelling, multiple- family " shall be defined'as set forth in Section 21 -1 (a) (20) of this Code. (d) "Hotel, motel, lodginghouse or rooming house ". shall be defined as set forth in Section 11 -15 (1) of`this'Code. (2) "Rental Units" shall be defined as thcse--structures rented as a residence and not owner - occupied. FILED 111 CL uTSMICE f; MAR-'i`9198O cmr cL.KK, Swai bth,,. 44o. (3) "Smoke Detectors" shall be defined as equipment designed to detect visible or invisible particles of combusion, approved by Underwriters Laboratories, Incorporated, and which conform to the Uniform Building Code Standard No. 43 -6. SEC. 9 -12. 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 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 or area giving access to the rooms used for sleeping purposes. Where sleeping rooms are on an upper level, the detector shall be placed at the center of the ceiling directly above the stairway. (d) In apartment houses, boardinghouses, lodginghouses, rooming houses, and new construction hotels and motels or those hotels and motels which are remodeled after the passage of this article, the smoke detectors shall be centrally located on the ceiling of each room used for sleeping purposes. (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 (85) decibels at ten (10) feet, and such alarm shall be capable of persisting for at least four ( 4 ) minutes. 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 re- installed 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 Section 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. SEC. 9 -15. Penalties. Anyone found in violation of this Article, and upon conviction, shall be fined in the amount of not less than one hundre dollars ($100.00) nor more than one thousand dollars ($1,000.00) for each violation. SECTION II. If any provision of this ordinance, or application thereof to any person or circumstances, is held unconstitutional or otherwise invalid, the remaining provisions of this ordinance shall not be affected thereby. SECTION III. six (6) months after South Bend, Indiana, 1sf READING PUBLIC HEARING 2nd READ1o1v NOT AP ROVED This ordinance shall be in full force, and effect the passage by the Common Council of the City of approval by the Mayor, and legal ublication. L.4 AA4� =--K .1 ell� Member of the Comm Council REFERRED PASSED -2- LEWIS A. McGANN President BEVERLIE J. BECK Vice President WALTER M. SZYMKOWIAK Chairman, Committee of the Whole JOSEPH T. SERGE First District WALTER M. SZYMKOWIAK Second District BEVERLIE J. BECK Third District LEWIS A. McGANN Fourth District ROBERT G. TAYLOR Fifth District WALTER T. KOPCZYNSKI Sixth District BEVERLY D. CRONE At Large RICHARD C. DOMBROWSKI At Large JOHN VOORDE At Large CITY ®f SOUTH BEND COMMON COUNCIL 441 COUNTY -CITY BUILDING SOUTH BEND, INDIANA 46601 AREA 219 284 -9321 March 19, 1980 The South Bend Common Council 4th Floor, County -City Building South Bend, Indiana 46601 Dear Councilmembers: As Chairman of the Public Safety Committee of the Council, I am introducing for your consideration a bill requiring Smoke Detectors in all multiple dwelling units and rental units which are not owner occupied. The health and safety concerns of our citizens warrant a strong but reasonable smoke detector bill in our community. Recent fires in nearby cities further underscore the need for such legislation. Input from several concerned citizens, our own Fire Department and the Public Safety Committee have all been utilized in preparing this bill. I believe it is in our community's public safety interest and seek your support. Sincerely, Robert G. Taylor Chairman, Public Safety Committee RGT /vld (Anmutittrr arport i!n t4e (famuwn Mounrilt of tot TUH of 601d4 Brub: Your Committee OF THE WHOLE to whom was referred A BILL AMENDING CHAPTER 9 OF THE MUNICIPAL CODE OF THE CITY OF SOUTH BEND, INDIANA, BY THE IN- CLUSION OF NEW ARTICLE 2 ENTITLED SMOKE DECTECTORS. Respectfully report that they have examined the matter and that in their opinion THIS BILL SHOULD BE RECOMMENDED TO THE COUNCIL FAVORABLE, AS AMENDED: Sec. 9 -12 (d) strike last sentence "Such buildings which contain an approved automatic sprinkler system throughout may be exempted." WALTER M. SZYMKOWIAK Chairman FREE PRESS PUBLISHING CO.