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PLYMOUTH’S FIRE DETECTOR ORDINANCE PASSED IN 2008

March 4, 2014
By

  03/05/14 Plymouth Mayor Mark Senter is urging city residents check their smoke detectors.  

So many times we read or hear about persons killed in house fires because the home did not have a working smoke detector.  Just last month a family of six perished in a home on Indianapolis’ eastside.  It was a very small bungalow with no working smoke detector.  Two of the children were rescued but died later at the Riley Hospital for Children.  We see it all too often; over and over again. 

In 2008 the City of Plymouth’s Common Council passed a smoke detector ordinance that applies to all dwellings throughout The City.  The City as well as the Plymouth Fire Department urges everyone to take that extra step and make sure that your home is secured with working detectors.  All it takes is a 9-volt battery, a little effort and instructions to make it work.  If a citizen cannot afford a smoke detector, the PFD has them on hand free of charge.

Below is the current ordinance for smoke detectors:

102.03 DWELLINGS; INSTALLATION OF SMOKE DETECTORS.http://s7.addthis.com/static/btn/v2/sm-share-en.gif

A dwelling must have at least 1 functional smoke detector installed as follows:

(A) According to the manufacturer’s instructions.

(B) Outside of each sleeping area in the immediate vicinity of the bedrooms.

(C) On the ceiling or a wall not less than 4 inches or more than 12 inches from the ceiling. A smoke detector may not be recessed into a ceiling.

(D) On each additional story of the dwelling, including basements, cellars, and habitable attics. 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 1 full story below the upper level.

(E) All smoke detectors must be:\

(1) Battery operated or hard wired into the dwelling’s electrical system;

(2) Accessible for servicing and testing; and

(3) Maintained and at least 1 time every 6 months tested by the occupant to ensure that the smoke detector is in operational condition.

(F) Each owner of a rental unit, or the manager or rental agent of the owner is responsible for:

(1) The proper installation of a required smoke detector; and

(2) The replacement and repair of a required smoke detector within 7 working days after the owner, manager, or rental agent is notified orally or in writing of the need to replace or repair the smoke detector.

(G) A person may not tamper with or remove a smoke detector except when necessary for maintenance purposes.

(Ord. 2008-1975, passed 11-10-2008) Penalty, see § 102.99

102.04 LANDLORD AND TENANT OBLIGATIONS.http://s7.addthis.com/static/btn/v2/sm-share-en.gif

(A) At the time a landlord delivers a rental unit to a tenant, the landlord shall require the tenant to acknowledge in writing on a form provided by the Fire Chief or the Building Commissioner that the rental unit is equipped with a functional smoke detector. The landlord shall keep the originally executed form on file and shall display the same to the Fire Chief (or his or her designee) or the Building Commissioner upon their reasonable request to examine the form.

(B) A tenant shall ensure that each smoke detector installed in the tenant’s rental unit remains functional and is not disabled. If the smoke detector is battery operated, the tenant shall replace batteries in the smoke detector as necessary. If the smoke detector is hard wired into the rental unit’s electrical system, and the tenant believes that the smoke detector is not functional, the tenant shall notify the landlord orally or in writing of the need to replace or repair the smoke detector pursuant to § 102.03(F)(2) of this chapter or pursuant to I.C. 22-11-18-3.5(e)(2).

(Ord. 2008-1975, passed 11-10-2008) Penalty, see § 102.99

102.05 ENFORCEMENT.http://s7.addthis.com/static/btn/v2/sm-share-en.gif

The Building Commissioner or the Fire Chief (or his or her designee) is charged with the duty to enforce the terms and provisions of this chapter.

(Ord. 2008-1975, passed 11-10-2008)

102.99 PENALTY.http://s7.addthis.com/static/btn/v2/sm-share-en.gif

Any person who violates any provision of this chapter shall be subject to a fine of not less than $25 and not more than $2,500 for each violation. A separate offense shall be deemed committed on each day during or on which a violation occurs or continues.

(Ord. 2008-1975, passed 11-10-2008)

Provided by Mayor Mark Senter

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