Dwelling unit.
A home, mobile home, duplex unit, townhouse, dormitory, apartment
unit, condominium unit, or any dwelling unit in a multiunit residential
structure. It also means one (1) or more rooms which are subject to
a single rental agreement and which are rented to a tenant or tenants
for use by persons as a permanent residence.
Hotel.
A building in which members of the public obtain sleeping
accommodations for consideration, including a hotel, motel, tourist
home, tourist house, tourist court, hostel, lodginghouse, roominghouse,
or inn. The term does not include:
(1)
A hospital, sanitarium, or nursing home; or
(2)
A building in which all or substantially all of the occupants
have the right to use or possess their sleeping accommodations for
at least 28 consecutive days.
Owner.
Any person who, alone or jointly or severally with other
persons, has legal title to any premises. The term “owner”
includes any person who has charge, care or control over any premises
as (1) an agent, officer, fiduciary, or employee of the owner; (2)
the committee, conservator, or legal guardian of an owner who is under
a legal disability; (3) a trustee or a person required by law to execute
a trust, other than a trustee under a deed of trust to secure the
payment of money; or (4) an executor, administrator, receiver, fiduciary,
officer appointed by any court or other similar representative of
the owner of his or her estate. The term “owner” does
not include a lessee, a sublessee, or other person who merely has
the right to occupy or possess a premises.
(1990 Code, sec. 7.1301; Ordinance
adopting Code)
The provisions of this article shall not apply to the placement
of smoke detectors in hotels, as defined in this article, which is
governed by V.T.C.A., Health and Safety Code, chapter 792.
No dwelling unit, custodial care facility, or twenty-four-hour facility shall be sold, leased, rented or otherwise occupied after July 1, 1986, unless a smoke detector, as required by this article, is installed by the owner or landlord in compliance with this article. Smoke detectors required by this section shall be installed in accordance with the location and installation procedure requirements of section
8.07.003.
(1990 Code, sec. 7.1303)
The owner or landlord of each dwelling unit, custodial care facility or twenty-four-hour facility shall be responsible for the installation of smoke detectors required by this article. It shall be the responsibility of the occupants of each dwelling unit, custodial care facility, twenty-four-hour facility, whether owners, residents, or tenants, to maintain the smoke detectors in good working order. Such maintenance shall include cleaning, replacing batteries or keeping the device connected to the electrical power source. Nothing in this section shall be construed as affecting the duty to inspect and repair established in section
8.07.005.
(1990 Code, sec. 7.1305)
An owner or landlord shall install a smoke detector which is
capable of sensing visible or invisible particles of combustion and
emitting an audible signal of at least eighty-five (85) decibels.
The owner or landlord shall install a smoke detector which is a type
approved by the fire marshal consistent with any appropriate federal
or state regulations. The owner or landlord shall install a smoke
detector in accordance with the specifications of the manufacturer
and the National Fire Protection Association Standard 72-E (1978 edition)
and 74 (1980 edition).
(1990 Code, sec. 7.1306)
It shall be unlawful for any person to sell or give away within
the city a smoke detector unless said detector meets the standards
set out within this article without first delivering to the purchaser
or donor of such detector a conspicuous written notice that the device
does not comply with the provisions of this article. The notice must
be individually given and shall not be a general posted notice. Nothing
in this section shall be construed as prohibiting the sale or giving
away of the smoke detectors not in compliance with this article, or
heat detectors, provided notice as indicated above is given to the
recipient.
(1990 Code, sec. 7.1307)
It shall be unlawful for any person to remove, or to intentionally
interfere with, the proper operation of any smoke detector installed
pursuant to this article.
(1990 Code, sec. 7.1308)
Any person, firm or corporation violating any portion or provision of this article shall be deemed guilty of a misdemeanor and, upon conviction therefor, shall be punished by an assessment of a fine as provided for in section
1.01.009 of this code, and a separate offense shall be deemed committed upon each day during or on which a violation occurs or continues.
(1990 Code, sec. 7.1309)
Any officer or employee of the fire department charged with
the enforcement of this article, in the discharge of his or her duties,
shall not render himself or herself liable personally, and he or she
is hereby relieved from all personal liability for any damage which
may accrue to persons or property as a result of any act required
or permitted in the discharge of his or her duties. Any suit brought
against any officer or employee because of this article shall be defended
by the city attorney until final termination of the proceedings.
(1990 Code, sec. 7.1310)