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Ord 1611 - Adding Article IV to Chapter 12 "Fire Protection" requiring smoke detectors in Residential BuildingsORDINANCE NO. 1511 ORDINANCE ADDING ARTICLE IV TO CHAPTER 12 "FIRE PROTECTION ", REQUIRING SMOKE DETECTORS IN RESIDENTIAL BUILDINGS THE TOWN COUNCIL OF THE TOWN OF LOS GATOS HEREBY ORDAINS: Section 1. Article IV of Chapter 12 of the Town Code is hereby enacted as follows: ARTICLE IV. SMOKE DETECTORS IN RESIDENTIAL BUILDINGS Sec. 12.04.010. Requirements The owner of every dwelling unit including single-,family dwellings, mobilehomes, rnultiple -,family dwellings, and every sleeping room in a residential care home, hotel or lodging house shall provide and maintain smoke detectors as set forth herein. Said smoke detectors shall conform to the requirements of the Uniform Building Code edition in effect on the date of installation. This Article shall apply to dwelling units in residential structures as of the date of adoption of this Article. The requirements for fire detection systems in new construction shall be governed by Section 7.02.010 of this code. Sec. 12.04.015. Installation The detector(s) shall be mounted on the ceiling or wall at a point substantially centrally located in the corridor or area giving access to rooms used for sleeping purposes. Where sleeping rooms are on an,upper level, a detector shall be placed at the center of the ceiling directly above the upper landing of the stairway. Within each and every efficiency dwelling unit or sleeping room or suite of a hotel or lodging house, a detector shall be located on the ceiling of the sleeping room or the ceiling of the main room of the efficiency unit or suite. Each such detector shall be located in accordance with approved manuf acv turer's instructions. Care shall be exercised to ensure that the installation does not interfere in any way with the operating characteristics of the detector. When activated, the detector shall provide an audible alarm in the dwelling unit. Each such detector shall either receive its primary power from the building wiring or be battery operated. Sec. 12.04.020. Maintenance. A. Single -,Family, Duplex Dwellings and Mobilehomes. The owner of any single -,family, duplex dwelling or mobilehome shall have the obligation to ensure that smoke detectors installed as required by this Article are maintained in proper working order at all times during which said owner in possession of the dwelling unit and at the time said owner offers to rent, lease or let for use such dwelling unit to any other person. Thereafter, any person or persons to whom said dwelling is rented, leased or let shall be required to maintain said smoke detector(s) in proper working order. S. Other Dwellir►gs. Every smoke detector required under this Article for dwellings other than single7family, duplex dwellings, and mobilehomes shall be maintained in operable condition by the owner of the dwelling unit. In dwelling units which are rented, leased, or otherwise let for use, the owner shall ensure that all required smoke detector(s) in the dwelling unit are in proper working order each time an occupant takes possession. Except as to residential care homes and rental rooms, after the occupant takes possession, it shall be the duty of the occupant to regularly test all smoke detector(s) in the dwelling unit and the occupant shall notify the owner immediately in a dated writing, by certified mail, of any problem, defect, malfunction or failure of any such smoke detector(s) except for the replacement of and cost of batteries which shall be the responsibility of the occupant. As to residential care homes and rental rooms, the obligation of testing and of all replacement shall be on the owner of said premises. Upon such notification by the occupant that a smoke detector is not in proper working order, the owner shall have such smoke detector(s) repaired or replaced within seven days of receipt of notice. Nothing in this provision shall preclude a rental or lease agreement from providing that a tenant has the responsibility for repair or maintenance; however, such provision notwithstanding, the owner shall be responsible to ensure compliance with this provision. Sec. 12.04.025. Replacements Nothiny in Section 12.04.010 shall preclude the owner of said dwelling unit from replacing any smoke detector required by this Article with another smoke detector which conforms to the requirements of the Uniform Building Code edition in effect at the time such replacement is installed. Sec. 12.04.030. Fixtures Every smoke detector required under this Article shall be deemed to be a fixture for purposes of transfer of title. Sec. 12.04.035. Notice Any property owner or his /her authorized agent offering to rent, lease or let residential property subject to the provisions of this Article shall give written notice of the requirements of Section 12.04.010 to all existing tenants at the time of the adoption of this ordinance and to all new tenants prior to their occupancy. The giving of such notice shall not relieve the property owner from compliance with the requirements of this Article. Sec. 12.04.040. Certification. Every business license application and notice of transfer of ownership which is covered by this Article as stated in Section 12.04.010 shall be accompanied by a certificate signed by the applicant or the seller attesting to compliance with this Article. All certificates of compliance with this Article shall be filed with the Town Clerk by such business license applicant or such seller of real property. Seller's obligation to provide a working smoke detector shall terminate with completion of sale. 727 Sec. 12.04.045. Compliance Date All buildings under the scope of this Article shall be brought into coro7 pliance within six (6) months from the date of adoption of this Article. Sec. 12.04.05U. Liability. Nothing in the provisions of this Article shall be construed to require any agency of the Town to conduct any inspection of the smoke detectors herein required, nor shall any actual inspections made imply a duty to inspect other detectors. Furthermore, this Article shall not be construed to hold the Town or any officer, employee, representative or agency of the Town responsible for any damage to persons or property by reason of making an inadequate or negligent inspection or by reason of any failure to make an inspection or reinspection. Sec. 12.04.055. Civil Action. Except as limited by Section 12.04.04U, a civil action against a property owner may be instituted by a buyer, renter or other aggrieved party to obtain damages and /or require compliance with the requirements of this Article. Damages shall include actual damages, costs, attorneys' fees and a civil penalty of $400.UU in addition thereto. A civil action by the buyer of real property shall be limited to requiring compliance, costs, attorney's fees and the civil penalty of $400.00. The court may award punitive damages in a proper case. Nothing in this provision shall be construed to limit any other right or remedy otherwise available in law to any party, nor shall this provision in any way limit the Town's right to enforcement under Section 177 of this Code. Section 2. This ordinance takes effect 3U days after the date it is adopted. Within 15 days after this ordinance is adopted, the Town Clerk shall cause it to be published once in a newspaper of general circulation published and circulated in the Town. 737 This ordinance was introduced at a regular meeting of the Town Council of the Town of Los Gatos on March 5th , 1934, and adopted by the following vote as an ordinance of the Town of Los Gatos at a regular meeting of the Town Council held on March 19th , 1964. AYES: COUNCILMEMBERS Joanne Benjamin, Eric D. Carlson, Terrence J. Daily, Brent N. Ventura and Mayor Thomas J. Ferrito NOES: COUNCILMEMBERS None ABSENT: COUNCILMEMBERS None ABSTAIN: COUNCILMEMBERS None SIGNED: ,u nAYOR OF THE T 0y N GATOS ATTEST: �-� el lizzor CLERK OF THE TOWN OF 0 GA '4'