HomeMy Public PortalAbout1990-06ORDINANCE 1990 -6
• AN ORDINANCE REQUIRING THE INSTALLATION
AND MAINTENANCE OF SMOKE DETECTORS
WHEREAS, SIX THOUSAND Americans die by fire annually and
three hundred thousand are severely injured by fire annually,
which fifty thousand are unable to return to a normal way of
life; and
WHEREAS, The National. Commission of Fire Prevention and
Control has concluded that the larger percentage of these deaths
and injuries could have been avoided; and
WHEREAS, fire chiefs, Iiref i.ghters and fire experts
nationwide endorse this conclusion; and
WHEREAS, the Common Council. of the City of Greencastle,
Indiana is committed to preserving the welfare of all. its
citizens, and
WHEREAS, the Common Council, of the City of Greencastle,
Indiana recognizes that the protection of the public's health,
• safety and welfare from fires may be improved by the installation
and maintenance of smoke detectors.
NOW THEREFORE, BE IT ORDAINED BY THE COMMON COUNCIL OF THE
CI'T'Y OF GREENCASTLE, INDIANA THAT THE MUNICIPAL CODE OF THE CITY
OF GREENCASTLE IS AMENDED BY ADDING THE FOLLOWING CHAPTER:
CHAPTER 415
SMOKE DETECTORS
415 -5. DEFINITIONS
For purposes of this chapter, the following definitions
shall apply.
(A) "Alarm Signal. An audible signal i. ndi.cating the
detection of visible or invisible, particles or
products of combustion other than heat.
(B) "Authority having jurisdiction.-- The Greencastle Fire
Department and the Building Comm i.ss i.oner of the City of
Greencastle which have enforcement responsibility for
this article.
(C) "Class 1 structure."
Section 1. "Class 1 structure" means any part of the
• following:
(1) A building or structure that is .intended to be or
is occupied or otherwise used in any part by or for any
of the following:
1.
(a) The public
(E) "Listed." Equipment or materials .included in a list
published by an organization acceptable to the
"authority having jurisdiction" and which product meets
appropriate standards or has been tested and found
suitable for use in a specified manner.
(F) "NFPA74 ". Standard 74 of the National Fire Protection
Association, which is Located in Ratterymarch Park,
Quincy, MD 02239.
(G) "Rental Agent." Any person, partnership or
corporation, who rents, subleases, lets or otherwise
grants for a consideration the right to occupy premises
not owned by the occupant. This term shall not be
construed to mean a real estate agent who is employed
for the sole purpose of selling residential units.
(1I) "Sleeping Areas." The area or areas of the family
living unit in which the bedrooms (or sleeping rooms)
separated by other use areas, such as kitchens or
living rooms, (but riot bathrooms), shall be considered
sleeping areas.
(I) "Shall." Indicates a mandatory requirement
O (J) "Smoke Detector." Shall be defined as a device which
detects visible or invisible particles or products of
combustion other than heat, as approved by Underwriters
Laboratories, Inc. or Factory Mutual. The smoke
detector shall. produce an alarm signal upon detection
of any visible or invisible particles or products of
combustion. It may be either battery powered with a
2.
(b)
Three (3) or more tenants
O
(c)
One (l.) or more persons who act as the
employee(s) of another.
(d)
Any structure that contains three (3) or more
condominium units (as defined in IC 32- 2 -6-2)
or other units that:
(1.) are intended to be or are used or leased
by the owner of the unit; and
(2) are riot completely separated from each
other by an unimproved space.
(e)
This does not include a building or structure
that is intended to be or is used for an
agricultural purpose on the land where it is
located and is not used for retail trade.
-
(2) Any
class of buildings or structures that the
building
commissioner determines by rules to affect a
building
or structure described in subdivision (1).
(3) Subsection
(a)(l.) does riot include Class 2
structures.
"Class 2
Structure."
Section
2. "Class 2 structure" means any building or
structure
that is intended to contain or contains only
one (1)
dwelling unit or two (2) dwelling units unless
any part
of the building or structure is regularly used
as a Class
1 structure.
•
(D) "Labeled."
Equipment or materials to which has been
attached
a label, symbol or other identifying mark of
an organization
acceptable to the "authority having
jurisdiction".
(E) "Listed." Equipment or materials .included in a list
published by an organization acceptable to the
"authority having jurisdiction" and which product meets
appropriate standards or has been tested and found
suitable for use in a specified manner.
(F) "NFPA74 ". Standard 74 of the National Fire Protection
Association, which is Located in Ratterymarch Park,
Quincy, MD 02239.
(G) "Rental Agent." Any person, partnership or
corporation, who rents, subleases, lets or otherwise
grants for a consideration the right to occupy premises
not owned by the occupant. This term shall not be
construed to mean a real estate agent who is employed
for the sole purpose of selling residential units.
(1I) "Sleeping Areas." The area or areas of the family
living unit in which the bedrooms (or sleeping rooms)
separated by other use areas, such as kitchens or
living rooms, (but riot bathrooms), shall be considered
sleeping areas.
(I) "Shall." Indicates a mandatory requirement
O (J) "Smoke Detector." Shall be defined as a device which
detects visible or invisible particles or products of
combustion other than heat, as approved by Underwriters
Laboratories, Inc. or Factory Mutual. The smoke
detector shall. produce an alarm signal upon detection
of any visible or invisible particles or products of
combustion. It may be either battery powered with a
2.
minimum 9 volt or it may be powered by a 110 volt
alternating current.
•
415 -10. BASIC REQUIREMENTS
All Class 1 & Class 2 structures within the corporate limits
of the City of Greencastle, Indiana shall be equipped with a
minimum of one functional, properly located, labeled and listed,
smoke detector, or its equivalent or better as described in the
NFPA74, within twelve (12) months from the date of passage of
this section.
415 -15. INSTALLATION; LOCATION
(A) All smoke detectors must be installed according to the
manufacturer's instructions and subject to the approval of the
"authority having jurisdiction."
(B) A minimum of one smoke detector of its equivalent or
better as described in NFPA74 shall be installed in each
structure unit as defined in Section 1 within the corporate
limits of the City of Greencastle. The placement of this unit
.
shall be at the direction of the Greencastle City Fire Department
unless otherwise specified or designated by this code.
(C) The smoke detector shall be instal. led on or near the
ceiling, not less than six (6) inches from any wall., or on a
wall, not less than six (6) inches nor more than twelve (12)
inches from the ceiling, and its installation shall be subject to
approval by the "authority having jurisdiction." No detector
shall be recessed into the ceiling.
(D) A smoke detector shall be instal. led to protect the
sleeping areas and shall be located outside of the bedrooms but
in the immediate vicinity of the sleeping areas, within 15 feet
of all rooms used for sleeping areas and at least one (1) on each
additional story of the family living unit include basements and
excluding crawl spaces and unfinished attics.
(E) All smoke detectors shall be accessible for servicing
and testing.
•
(F) If a smoke detector is A.C. powered, it must be
directly attached to a junction box not controlled by any switch
other than the main power supply. The installation of A.C.
powered detectors shall conform to all usual electric trade
3.
Every owner, or the manager or rental agent of such owner of
any Class 1 or Class 2 structure shawl be responsible for the
installation of all smoke detectors. It is the responsibility of
the tenant to maintain all. such smoke detectors provided by the
owner in good working order until said tenant vacates the
premises unless said smoke detector requires A.C. power supply,
then the responsibility shall be that of the owner, manager or
rental agent of the property.
415 -30. ENFORCEMENT OF PROVISIONS
The Greencastle City Fire Department and the Building
Commissioner shall be charged with the duty of enforcing the
terms of this article of this chapter.
415 -35. VIOLATION /PENALTY
(A) Any person, firm or corporation vi.ol.ating any
• provisions of this article of this chapter, or who shall fail to
comply with an order as affirmed or modified by the authority
having jurisdiction shall be subject to a fine of $50.00.
4.
standards. A smoke detector required under this chapter shall be
•
installed according to the directions and specifications of the
manufacturer, but if in conflict with any city electrical.
standard, the city electric standard shall take precedence.
415 -20. MAINTENANCE
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 reinstalled or replaced so that it is
operable and in place during normal usage hours.
(a) Rented units. Each smoke detector may be tested in
accordance with manufacturer's recommendations, but
shall be tested at six (6) month intervals in every
individual unit, 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) Owner - occupied units. Each smoke detector may be
tested in accordance with manufacturer's
recommendations, but shall be tested at six (6) month
intervals, and maintained as necessary, to ensure it is
•
in operable condition.
415 -25. DUTY OF PROPERTY OWNER, MANAGER, OR RENTAL AGENT
Every owner, or the manager or rental agent of such owner of
any Class 1 or Class 2 structure shawl be responsible for the
installation of all smoke detectors. It is the responsibility of
the tenant to maintain all. such smoke detectors provided by the
owner in good working order until said tenant vacates the
premises unless said smoke detector requires A.C. power supply,
then the responsibility shall be that of the owner, manager or
rental agent of the property.
415 -30. ENFORCEMENT OF PROVISIONS
The Greencastle City Fire Department and the Building
Commissioner shall be charged with the duty of enforcing the
terms of this article of this chapter.
415 -35. VIOLATION /PENALTY
(A) Any person, firm or corporation vi.ol.ating any
• provisions of this article of this chapter, or who shall fail to
comply with an order as affirmed or modified by the authority
having jurisdiction shall be subject to a fine of $50.00.
4.
" ( B ) E a c h d a y s u c h v i o l a t i o n i s p e r m i t t e d t o c o n t i n u e m a y b e
d e e m e d t o c o n s t i t u t e a s e p a r a t e o f f e n s e .
( C ) T h e v i o l a t i o n a n d p e n a l t y a s h e r e i n d e s c r i b e d i n t h i s
a r t i c l e s h a l l n o t s u b j e c t t o a n y o t h e r f i n e o r p e n a l t y w i t h i n
t h i s c h a p t e r .
4 1 5 - 4 0 . S E V E R A B I L I T Y
T h e p r o v i s i o n s o f t h i s a r t i c l e o f t h i s c h a p t e r a r e
s e v e r a b l e , a n d i f a n y s e n t e n c e , s e c t i o n , o r o t h e r p a r t o f t h i s
a r t i c l e s h a l l b e f o u n d t o b e i n v a l i d , s u c h i n v a l i d i t y s h a l l n o t
a f f e c t t h e r e m a i n i n g p r o v i s i o n s a n d t h e r e m a i n i n g p r o v i s i o n s
s h a l l c o n t i n u e t o b e i n f u l l f o r c e a n d e f f e c t .
4 1 5 - 4 5 . E F F E C T I V E D A T E
T h a t t h i s o r d i n a n c e s h a l l b e i n f u l l f o r c e a n d e f f e c t f r o m
a n d a f t e r i t s p a s s a g e a n d l e g a l p u b l i c a t i o n , a n d a l l n e c e s s a r y
a p p r o v a l .
T H I S O R D I N A N C E w a s p a s s e d a n d a d o p t e d t h i s 1 . 2 t h d a y o f J u n e ,
" 1 9 9 0 .
M J c h a e l M . H a r m l e s s ,
P r e s i d i n g O f f i c e r
A T T E S T :
J i l i l t h B e r r y ,
C l e e k - T r e a s u r e r
p r e s e n t e d b y m e t o t h e M a y o r o f G r e e n c a s t l e , I n d i a n a , t h i s
1 2 t h d a y o f J u n e , 1 9 9 0 , a t r ; ( 5 o ' c l o c k , p . m .
u c { � ' t h B e r r y ,
C l a r k - T r e a s u r e r
A p p r o v e d a n d s i g n e d b y m e t h i s 1 2 t h d a y o f J u n e , 3 9 9 0 , a t
( S o ' c l o c k , p . m .
M i c h a e l M . H a r m l e s s
M a y o r
A ' T ' T E S T :
z k �� U j I
J u i t h B e r r y
C 1 r c - T r e a s u r e r
5 .