§ 94.63 MAINTENANCE

(A) 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 sleeping hours.

(B) Rental/leased dwelling units. Each smoke detector should be tested in accordance with manufacturer's recommendations to ensure it is in operable condition. It shall be the responsibility of the tenant to maintain all smoke detectors provided by the owner in good working order unless said smoke detector requires A.C. power supply, then the responsibility for maintaining the smoke detector shall be the responsibility of the owner, manager, or rental agent.

(C) Owner-occupied dwelling living units. Each smoke detector should be tested in accordance with manufacturer's recommendations to ensure it is in operable condition. It shall be the responsibility of the owner-occupant to maintain all smoke detectors.

(Ord. G-28-99, passed 12-28-99)

§ 94.62 INSTALLATION; LOCATION

(A) A minimum of one operating smoke detector, or its equivalent or better as described in the NFPA 74, shall be installed in each dwelling unit within the corporate limits of the city.

(B) All smoke detectors must be installed according to the manufacturer's instructions.

(C) The smoke detector shall be installed 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.

(D) The smoke detector shall be installed on the ceiling or a wall, not less than 4 inches nor more than 12 inches from the ceiling, and its installation shall be subject to approval by the "authority having jurisdiction." However, a smoke detector may not be recessed into a ceiling.

(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 electrical standards adopted by the Allen County Building Department. A smoke detector required under this section shall be installed according to the directions and specifications of the manufacturer, but if in conflict with any county electrical standard, the county electrical standard shall take precedence.

(Ord. G-28-99, passed 12-28-99; Am. Ord. G-03-02, passed 1-22-02)

§ 94.61 BASIC REQUIREMENTS

All dwelling units within the corporate limits of the city shall be equipped with a minimum of one functional, properly located, labeled and listed, smoke detector, or its equivalent or better, as described in National Fire Protection Association (NFPA) pamphlet 74. Each additional story of any dwelling, including basements, cellars, and habitable attics, shall be equipped with a functional, properly located, labeled and listed, smoke detector. Unless there is a door between levels in dwellings with split levels, a smoke detector must be installed only on the upper level if the lower level is less than one full story below the upper level.

(Ord. G-28-99, passed 12-28-99; Am. Ord. G-03-02, passed 1-22-02)

§ 94.60 SMOKE DETECTORS

Definitions. For purposes of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

ALARM SIGNAL. An audible signal indicating the detection of visible or invisible particles or products of combustion other than heat.

AUTHORITY HAVING JURISDICTION. The Fort Wayne Fire Department and the Department of Neighborhood Code of the City of Fort Wayne which have enforcement responsibility for this chapter.

DWELLING UNIT. Any building or portion thereof which contains living facilities, including provisions for sleeping, eating, cooking, and sanitation.

LABELED. Equipment or materials to which has been attached a label, symbol or other identifying mark of an organization engaged in product evaluation, that maintains periodic inspection of production of labeled equipment or materials and by whose labeling the manufacturer indicates compliance with appropriate standards or performance in a specified manner.

LISTED. Equipment or materials included in a list published by an organization engaged in product evaluation that maintains periodic inspection of production of listed equipment or materials and whose listings state either that the equipment or material meets appropriate standards or has been tested and found suitable for use in a specified manner.

NFPA 74. Standard 74 of the National Fire Protection Association, which is located in Batterymarch Park, Quincy, MD, 02269.

RENTAL AGENT/LEASING 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.

SHALL. Indicates a mandatory requirement.

SLEEPING AREAS. The area or areas of the dwelling unit in which the bedrooms (or sleeping rooms) separated by other use areas, such as kitchens or living rooms, (but not bathrooms), shall be considered sleeping areas.

SMOKE DETECTOR. Shall be defined as a device which senses visible or invisible particles or products of combustion and conforms to the minimum standards for type, components, and maintenance prescribed by the National Fire Protection Association. The detector shall bear a label or other identification issued by an approved testing agency having a service for inspection of materials and workmanship at the factory during fabrication and assembly.

(Ord. G-28-99, passed 12-28-99)

§ 94.44 LANES TO BE KEPT OPEN AND MARKED

No building shall constitute a nuisance as defined in § 94.41(A) if the owner and lessee provide adequately marked fire lanes and keep them open at all times for fire fighting equipment.

(Ord. G-28-99, passed 12-28-99; Am. Ord. G-08-01, passed 5-8-01)