Online Garrett City Code
For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
AUTHORITY HAVING JURISDICTION. The Garrett Fire Department shall have enforcement responsibility for this article.
FAMILY LIVING UNIT. That structure, area, room, or combination of rooms in which a family (or individual) lives. This is meant to cover living area only and not common usage areas in multi-family buildings such as corridors, lobbies, basements, etc.
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".
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.
NFPA 74. Standard 74 of the National Fire Protection Association, which is located in Batterymarch Park, Quincy, MD 02269.
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.
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 not bathrooms), shall be construed sleeping areas.
SHALL. Indicates a mandatory requirement.
SMOKE DETECTOR. A device which detects visible or invisible particles or products or combustion other than heat, as approved by Underwriter's Laboratories, Inc. or Factory Mutual. The smoke detector shall be equipped with a test button, and it 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 minimum 9 volt or it may be powered by a 110 volt alternating current.
(Ord. 98-6, passed 3-17-98)
(A) Subject to the effective date of installation specified herein, all family living 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 the NFPA 74.
(B) The effective dates of installation of smoke detectors are:
(1) Newly constructed family living units effective on March 17, 1998.
(2) Existing family living units on or before the 1st day of January, 1999.
(Ord. 98-6, passed 3-17-98) Penalty, see § 97.99
§ 97.03 INSTALLATION; LOCATION.
(A) A minimum of one smoke detector, or its equivalent or better as described in the NFPA 74, shall be installed in each family living unit within the corporate limits of the city.
(B) All smoke detectors must be installed according to the manufacturer's instructions and subject to the approval of the "authority having jurisdiction".
(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 or near the ceiling, not less than six inches from any wall, or on a wall, not less than six inches nor more than 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.
(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 city. 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 county electrical standard, the county electrical standard shall take precedence. (Ord. 98-6, passed 3-17-98) Penalty, see § 97.99
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 re-installed or replaced so that it is operable and in place during normal sleeping hours.
(A) Rented residential dwelling units. Each smoke detector may be tested in accordance with manufactur6r's recommendations, but shall be tested at six month intervals in every individual residential dwelling 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 reoccupied.
(B) Owner-occupied dwelling units. Each smoke detector may be tested in accordance with manufacturer's recommendations, but shall be tested at six month intervals, and maintained as necessary, to ensure it is in operable condition.
(Ord. 98-6, passed 3-17-98) Penalty, see § 97.99
§ 97.05 DUTY OF PROPERTY OWNERS MANAGER, OR RENTAL AGENT.
Every owner, or the manager or rental agent of such owner of any such residential dwelling unit shall 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 AC power supply, then the responsibility for maintaining such smoke detector shall be the responsibility of the owner, manager or rental agent of the property.
(Ord. 98-6, passed 3-17-98) Penalty, see § 97.99
§ 97.06 ENFORCEMENT OF PROVISIONS.
The Fire Department and/or the Fire Chief shall be responsible for monitoring compliance with the terms of this chapter and may issue citations for violations hereof. Such citations for violations and penalties therefor shall be processed through the Ordinance Violations Bureau. (Ord. 98-6, passed 3-17-98)
Any person, firm or corporation violating any provisions of this chapter shall be fined not less than $35 nor more than $100 for each offense, and a separate offense shall be deemed committed on each day during or on which the violation occurs or continues. (Ord. 98-6, passed 3-17-98).
NOTE: This Code is subject to amendment periodically
as permitted by the Indiana Code. Such amendments
may not be immediately posted to this site.
For the latest print edition of the Garrett City Code of
Ordinances, please direct inquiries to the City of Garrett
Clerk Treasurer.
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and is copyrighted 2000-2009, by the City of Garrett, Indiana
