[Ord. No. 18.121 §1, 12-4-2000]
As used in this Article, the following terms shall have these
prescribed meanings:
The City of California, Missouri.
A structure, building, area, room, house, or combination
of rooms occupied by a person or persons, other than the owner or
family members of the owner, for sleeping or living purposes, which
is available for rent or rented by the owner to another (non-family
member).
A device which is capable of sensing visible or invisible
particles of combustion and emitting an audible signal and may be
wired directly to the building power supply, or may be powered by
self-monitored battery. As a minimum standard, the smoke detector
shall comply with all the specifications of the Underwriters Laboratories,
Inc. Standard UL217 (Standard for Safety — Single and Multiple
Stations Smoke Detectors) 2nd Edition October 4, 1978 as revised May
19, 1983 or any recognized standard laboratory testing that certifies
the detector meets the requirement of National Fire Protection Association
(NFPA) Standards 72E and 74. Smoke detectors shall bear the label
of a nationally recognized standards testing laboratory that indicates
that the smoke detectors have been tested and listed under the requirement
of UL217 2nd Edition or NFPA 72E and 74. In lieu of the above, smoke
detectors which bear the certification label of a nationally recognized
standards testing laboratory, which label indicates by its presence
that the smoke detector meets or exceeds the minimum standards which
are set forth above.
A residential rental unit which does not have a designated
sleeping area but which is intended to be utilized as living quarters.
The Chief of the Fire Department of the City of California,
Missouri, or his/her duly designated representative.
The holder of fee simple absolute title to the real estate
of which the residential rental unit is a part. The terms property
owner or owner may be used interchangeably. If title to the subject
real estate is held by more than one (1) individual, the signature
of one (1) individual certifying compliance with the requirements
of this Article shall be sufficient to meet the terms and requirements
of this Article. If title to the subject real estate is held in the
name of an entity, rather than an individual, the signature of the
entity president or manager, or duly authorized agent or representative,
shall be sufficient to meet the terms and requirements of this Article.
However, in the event the real estate is held in the name of an entity
rather than an individual, the Fire Chief may require the owner of
record to specify, in writing, the identity, address, and telephone
number of the individual authorized to certify or assure compliance
with this Article. The designated agent shall be responsible for providing
to the Fire Chief the proof or assurances of compliance with the requirements
of this Article.
The lawful holder of the right of tenancy of a residential
rental unit. Those individuals residing in a residential rental unit
unlawfully, or without the knowing consent of the owner, or without
the knowledge of the owner, or contrary to the terms of a lease or
agreement, whether verbal or written, between the owner and the lawful
tenant, are not deemed to be tenants or occupants, and the owner is
not required to provide notice to said individuals or to respond to
notices from said individuals.
[Ord. No. 18.121 §2, 12-4-2000]
A.
Date Of Installation.
1.
The owner of each existing residential rental unit shall install
smoke detectors as required by this Article within three (3) months
of the effective date of this Section.
2.
As to each residential rental unit under construction, the owner
of each unit shall install smoke detectors and or fire suppression
systems prior to the occupancy of said dwelling unit, as required
by this Article.
3.
No owner shall rent, lease or let any unit or room for rent that
does not have a functional and working detector at the time of the
initial occupancy.
B.
Location Of Detectors.
1.
The owner of each existing dwelling or newly constructed or rehabilitated
unit shall install at least one (1) smoke detector to protect each
sleeping area.
2.
In an efficiency unit, the owner shall install the smoke detector
in the room used for sleeping.
3.
In all other residential rental units, the owner shall install the
smoke detectors outside the bedrooms, but in the immediate vicinity
of the sleeping area.
4.
An owner shall also install not less than one (1) smoke detector
for each interior stairwell.
5.
In an effort to assist the property owner with a safe and effective
installation of the smoke detector, the City recommends the following
location and installation criteria: Each smoke detector shall be installed
on the ceiling at a minimum of four (4) inches from the side wall
to the near edge of the detector or on a wall located four (4) to
twelve (12) inches from the ceiling to the top of the detector and
within fifteen (15) feet of all rooms used for sleeping purposes,
with not less than one (1) detector per level containing a habitable
room and in the basement or cellar. The smoke detector shall not be
installed in dead air space, such as where the ceiling meets the wall.
Where one (1) or more sleeping area are located on a level above the
cooking and living area; the smoke detector for such sleeping areas
shall be placed at the top of the stairway.
6.
The Fire Chief shall have the authority to assist the owner of the
residential rental unit with the location and installation of the
smoke detectors; however, by so assisting the owner, the City is not
assuming any liability or responsibility for the unsafe or incorrect
installation method or location of the detector.
C.
Type Of Detector. The owner shall install a smoke detector
(or detectors as may be required) which meets the minimum standards
set forth herein.
[Ord. No. 18.121 §3, 12-4-2000]
A.
Duties of Owner.
1.
It shall be the responsibility of the owner to supply and install
all required detectors.
2.
The owner shall be responsible for providing functional batteries
upon initial installation of each detector.
3.
The owner shall be responsible for providing each tenant with written
information regarding detector testing and maintenance. Compliance
with the provisions of this Section, as to form and content of the
notice to be provided, shall constitute full compliance on the part
of the owner.
4.
Upon receipt by the owner of a written notification from the tenant
or occupant that the smoke detector in the residential rental unit
is not working or has malfunctioned, the owner shall have seventy-two
(72) hours to bring the residential rental unit back into compliance
with this Article. This requirement upon the owner is subject, however,
to the owner's ability to gain access to the residential rental unit.
If the owner is unable to gain access to the residential rental unit,
the owner's time to remedy the non-compliance shall be extended by
the same period of time that the owner is unable to gain access to
the unit.
B.
Duties Of Tenant.
1.
It shall be the responsibility of the tenant to provide and maintain
functional batteries after initial installation for each detector,
to test and maintain detectors within dwelling units, and to notify
the owner or authorized agent in writing of any deficiencies in the
operation of the detector.
2.
It shall be the tenant or occupant's responsibility to notify the
owner, in writing, within twenty four (4) hours of malfunction of
the detector, of any deficiency in the operation of the smoke detector
(save for a deficiency caused by non-functioning batteries which shall
be and remain the responsibility of the tenant or occupant to address).
Said notice to the owner will be deemed mailed upon receipt by the
owner.
3.
The Tenant is prohibited from removing the batteries from the detector,
except when replacing the batteries, and the tenant is prohibited
from dismantling the detector, or in any manner making the detector
inoperable. The tenant shall not disconnect the electrical source
from electrically powered smoke detectors. The tenant shall not remove
or relocate any smoke detector installed by the owner.
C.
Form And Contents Of Notice From Owner To Tenant Or Occupant.
1.
The owner shall provide notice to the tenant or occupant of the respective
duties of the parties and the potential penalties for violation of
this Subsection. The owner shall provide this notice in one (1) of
the following forms:
2.
If the owner chooses to put the notice in the lease or in a separate
agreement, the notice shall be in an least twelve (12) point type.
The notice shall be prepared in duplicate and shall be signed and
dated by the occupant. One (1) copy shall be given to the occupant
and one (1) copy shall be kept on file by the owner and this copy
shall be available for inspection by the Chief of the Fire Department
or his/her agent upon request and with reasonable notice.
3.
At a minimum, the notice, whether posted or included in a lease or
as an addendum to a lease, shall include the items as set out in the
following:
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NOTICE OF DUTIES OF OWNER AND OCCUPANT RELATING TO SMOKE
DETECTORS
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ORDINANCES OF THE CITY OF CALIFORNIA REQUIRE THE FOLLOWING OF
THE OWNER AND OCCUPANT OF THIS RENTAL UNIT:
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OWNER:
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THE OWNER SHALL SUPPLY AND INSTALL ALL REQUIRED DETECTORS.
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THE OWNER SHALL PROVIDE OCCUPANT WITH WRITTEN INFORMATION REGARDING
DETECTOR TESTING AND MAINTENANCE.
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OCCUPANT:
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THE TENANT OR OCCUPANT SHALL PROVIDE AND MAINTAIN BATTERIES
FOR THE DETECTORS.
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THE TENANT OR OCCUPANT SHALL TEST AND MAINTAIN DETECTORS WITHIN
DWELLING UNITS.
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THE TENANT OR OCCUPANT SHALL NOTIFY THE OWNER OR AUTHORIZED
AGENT IN WRITING OF ANY DEFICIENCIES.
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THE TENANT OR OCCUPANT IS PROHIBITED FROM DISMANTLING THE SMOKE
DETECTOR UNIT.
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ANY VIOLATION OF THIS ORDINANCE MAY BE PUNISHABLE BY A FINE
NOT EXCEEDING FIVE HUNDRED DOLLARS ($500.00) OR IMPRISONMENT FOR A
PERIOD NOT EXCEEDING NINETY (90) DAYS, OR BY BOTH FINE AND IMPRISONMENT.
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[Ord. No. 18.121 §4, 12-4-2000]
A statement signed by the tenant or occupant that all smoke
detector(s) were in fully operative condition on the date of the initial
lease or occupancy shall be admissible as evidence that the smoke
detectors were installed and functional at the time of the occupancy.
A violation of this Article shall not constitute negligence per se.
[Ord. No. 18.121 §5, 12-4-2000]
A failure to comply with the terms of this Article shall be
deemed a violation of this Article, and shall be subject to punishment
as follows: by fine of not less than one dollar ($1.00) nor more than
five hundred dollars ($500.00), or by imprisonment in the City or
County Jail for a period of time up to ninety (90) days, or by both
said fine and imprisonment.
