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Article 11 - Smoke Detectors

SECTION 5-25-1310. Smoke detectors required for one-family and two-family dwellings, including manufactured housing.

(A) One-family and two-family dwellings, including manufactured housing, must be equipped with approved and properly functioning smoke detectors installed in accordance with National Fire Protection Association (NFPA) Standard 72E, 1990 Edition, and with NFPA Standard 74, 1989 Edition; provided, however, that the various requirements of this article apply only to dwellings and housing which are rental dwellings and housing.

(B) A newly constructed dwelling or a dwelling remodeled in excess of fifty percent of its assessed value after December 31, 1994, must be equipped with electrically powered smoke detectors. Electrical power to the smoke detectors must be a dependable, commercial electrical source. Detectors must be installed according to manufacturer’s instructions.

HISTORY: 1994 Act No. 524, Section 1.

SECTION 5-25-1320. Battery-operated detectors permitted in certain existing dwellings.

A battery-operated detector meeting the requirements of NFPA 74, 1989 Edition, is permitted in an existing dwelling that has not undergone remodeling exceeding fifty percent of its assessed value. Detectors must be installed according to manufacturer’s instructions.

HISTORY: 1994 Act No. 524, Section 1.

SECTION 5-25-1330. Responsibility of owner of dwelling to supply and install smoke detectors in rental dwellings and housing; instructions for operation of detectors; notice of deficiencies in detectors; repair or replacement of detector.

(A) The owner of a dwelling is responsible for supplying and installing the smoke detectors in rental dwellings and housing and shall provide the tenant at the time the tenant takes possession of the dwelling written or verbal instructions, or both, for testing the detectors and replacing batteries in battery-powered detectors.

(B) The tenant of a rental dwelling shall notify the owner in writing of any deficiencies in the performance of the smoke detectors. The owner must be considered notified upon delivery of the written notice at the place of business of the owner through which the rental agreement was made or at any place held out by him as the place of receipt for the payment of rent or other communications.

(C) Upon written notification by the tenant that a smoke detector is deficient, the owner shall repair or replace the detector within fifteen days. No obligation is created hereby for the owner to replace or repair a detector that he determines upon visual inspection or testing has been deliberately tampered with, damaged, or destroyed by the tenant or any person authorized to reside in the residence by the tenant and notifies the tenant in writing of these findings. The owner may repair or replace a detector that he determines has been deliberately tampered with, damaged, or destroyed by the tenant or any person authorized by the tenant to reside in the residence and may assess against the tenant the actual cost of the repair or replacement of the detector.

(D) No obligation is created hereby for the owner to provide batteries for battery-powered detectors allowed under Section 5-25-1320.

HISTORY: 1994 Act No. 524, Section 1.

SECTION 5-25-1340. Conveyance or transfer of real estate prohibited unless smoke detectors have been installed and are functioning.

No person may convey a title to real estate which includes a dwelling to which the article applies pursuant to Section 5-25-1310(A) or transfer possession of a building to which this article applies pursuant to Section 5-25-1310(A) unless smoke detectors have been installed and are functioning in accordance with this article. The purchaser may inspect the detectors at any reasonable time prior to closing to verify that they have been properly installed and are functioning in accordance with this article. The seller shall provide to the purchaser at closing an affidavit stating that the smoke detectors have been installed and are functioning in accordance with this article. Compliance with this section relieves the seller of any further liability after closing with respect to the performance of the smoke detectors. Violation of the provisions of this section does not affect the validity of the conveyance.

HISTORY: 1994 Act No. 524, Section 1.

SECTION 5-25-1360. Enforcement of article by State Fire Marshal or local fire official.

Upon entry into a dwelling on official business by invitation of the owner or occupant or in response to an emergency, the State Fire Marshal or a local fire official, or both, shall enforce this article.

HISTORY: 1994 Act No. 524, Section 1.

SECTION 5-25-1370. Penalties for violations of article.

A person who violates this article on first offense has fifteen days to install a smoke detector or to repair or replace the detector. On second offense, a person who violates this article is guilty of a misdemeanor and, upon conviction, must be fined not less than fifty dollars nor more than two hundred dollars or imprisoned for not more than thirty days.

HISTORY: 1994 Act No. 524, Section 1.

False Fire Alarm Ordinance 16-1

(a) Offense: No establishment or residence in the Parker Sewer and Fire District having an electronic, telephone or mechanical fire alarm system, whether directly connected to the fire department dispatch service, connected to any private dispatch service, or audible or visible from the premises, shall be entitled to report in excess of three false alarms to which the fire department responds in the appropriate manner without charge for each 3 month period. This three-alarm limit shall apply to each separate system or master alarm box.

 

(b) Exceptions: The provisions of this section shall not apply to the following:

(1) An establishment or residence where the alarm is canceled by a party legally authorized to set or cancel the alarm for the installed location if the alarm is canceled prior to fire department personnel and equipment deploying to the alarm location.

(2) The alarm is not false and requires the deployment and presence of fire department personnel and equipment to address the emergency situation for which the alarm was initiated.

 

(c) Definitions: The following words, terms and phrases, when used in this ordinance, shall have the meanings ascribed to them, except where the context clearly indicates a different meaning:

(1) Alarm company means a person or business entity subject to the licensing requirements, and/or a company engaged in selling, leasing, installing, servicing or monitoring alarm systems.

(2) Alarm signal means a detectable signal; audible or visual, generated by an alarm system, to which fire department personnel are requested to respond.

(3) Alarm system means any single device or assembly of equipment designed to signal the occurrence of fire and/or smoke potentially caused by fire.

(4) Alarm user means any person, corporation, partnership, proprietorship, governmental or educational entity or any other entity owning, leasing or operating an alarm system, or on whose premises an alarm system is maintained for the protection of such premises.

(6) District means the Parker Sewer and Fire District or its agent.

(7) False alarm means the activation of an alarm system through mechanical or electronic failure, malfunction, improper installation, or the negligence of the alarm user, his/her employees or agents, and signals activated to summon fire service personnel. An alarm is false within the meaning of this article when, upon inspection by the Parker Sewer and Fire District, evidence indicates that no fire, smoke, or presence of other such events which would have activated a properly functioning alarm system. Notwithstanding the foregoing, a false alarm shall not include an alarm which can reasonably be determined to have been caused or activated by unusually violent conditions of nature nor does it include other extraordinary circumstances not reasonably subject to control by the alarm user.

 

(d) Penalties: An administrative fee for each false alarm in excess of three false alarms per calendar period per system or master box is hereby imposed. Which fee shall be fixed from time to time by the District Commission and is set forth in the fee schedule in this ordinance. A three-day grace period for each new installation, during which no alarms shall be counted, shall be permitted. Fees may be waived by the Fire Chief or Fire Marshal Division for certain false alarms caused by natural disturbances.

(1) A violation of this section shall be punishable by a fine of:

(a) $100 for each false alarm in excess of three occurrences but less than four in a calendar quarter;

(b) $200 for each false alarm in excess of five occurrences but less than seven in a calendar quarter;

(c) $300 for each false alarm in excess of eight occurrences but less than nine in a calendar quarter; and

(d) $500 for each false alarm i

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