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Update: Proposed CO detector ordinance

ARTICLE III. - SMOKE DETECTORS AND CARBON MONOXIDE DETECTORS

Sec. 54-31. - Definitions.

The following words, terms and phrases used in this article shall have the meanings ascribed to them in this section:

Carbon monoxide detector means a device suitable for a connection to a circuit that has a sensor that responds to the physical stimulus of carbon monoxide gas.

Fuel means any combustible material including but not limited to oil, natural gas, Liquid Propane Gas (LPG), kerosene, and solid fuels such as wood that releases carbon monoxide as the result of combustion and that is used to operate a fuel burning appliance.

Fuel burning appliance means an appliance that is designed to be operated through the combustion of fuels including but not limited to stoves, heaters, furnaces, boilers, water heaters, and fire places.

Heat detector means a device suitable for connection to a circuit that has a sensor that responds to the physical stimulus of heat.

Interconnected means electrically connected so that the activation of one detector will cause the activation of all detectors within the unit.

Residential building means any building located in the city used, in whole or in part, for sleeping or lodging purposes and includes, but is not limited to, any single-family house, mobile home, duplex, multi-family house, apartment house, rooming house, hotel, motel, dormitory, and any other building used for sleeping or lodging purposes.

Sleeping area means any area of the unit in which the bedrooms or sleeping rooms are located. Bedrooms or sleeping rooms separated by another use area such as but not limited to a kitchen or living room are separate sleeping areas but bedrooms or sleeping rooms separated by a bathroom are not separate sleeping areas.

Smoke detector means a device suitable for connection to a circuit that has a sensor that responds to the physical stimulus of smoke.

Storage garage is a structure for the storage of motor vehicles.

Unit means a residential building, mobile home or that part of a residential building which is intended to be used as a home, residence or sleeping place by one person or by two or more persons maintaining a common household, to the exclusion of all others.

(Ord. No. O13-3844, § 1, 8-6-2013)

Sec. 54-32. - Approval.

A smoke, heat, or carbon monoxide detector required by this article shall be listed by Underwriters Laboratories, Inc. Required smoke, heat and carbon monoxide detectors shall be installed according to the directions and specifications of the manufacturer of the detector so as not to void the listing.

(Ord. No. O13-3844, § 1, 8-6-2013)

Sec. 54-33. – SMOKE DETECTORS

Sec. 54-33 (A) – Installation

The installation requirements of this section within the City of Superior are more restrictive than the statutory requirements of the State of Wisconsin in accord with SPS 314.01(6)(b).

(1) Single- or two-family residential buildings and mobile homes. The owner/occupant of a single- or two-family residential dwelling or mobile home shall install and maintain a smoke detector in each sleeping area of the dwelling unit and on each floor level of the dwelling unit regardless of the age of the dwelling or date of construction. There are additional smoke detector requirements for dwellings built at later dates based on the date the building permit was issued or the home was constructed. Smoke detectors with battery power only are acceptable within one- or two-family dwellings constructed prior to April 1, 1992. One- or two-family dwellings constructed after April 1, 1992, shall have smoke detectors powered by the building electrical system and the smoke detectors within each unit shall also be interconnected. One- or two-family dwellings built on or after April 1, 2001, shall have smoke detectors powered by the building electrical system with additional battery backup. The smoke detectors within each unit shall be interconnected and a smoke detector shall be placed within each bedroom. The owner, landlord, manager or agent of a single- or two-family non-owner occupied dwelling or mobile home of any age shall install a smoke detector within each bedroom of the dwelling unit.

(2) Commercial residential building. The owner, landlord, manager or agent of any commercial residential building which is used for sleeping or lodging purposes and includes any apartment house, multi-family dwelling, motel, hotel, rooming house, dormitory, row house, condominium, children's home, community-based residential facility or building with similar sleeping areas shall install a smoke detector in each bedroom, in each sleeping area of each unit outside of the bedroom, in the basement and at the head of the stairway on each floor level of the building. Smoke detectors with battery power only are acceptable within commercial residential buildings or residential units constructed prior to January 1, 1982. Commercial residential buildings or residential units constructed on or after January 1, 1982, shall have smoke detectors powered by the building electrical system. Commercial residential buildings or residential units constructed on or after April 1, 1995, shall have smoke detectors powered by the building electrical system with additional battery backup. Commercial residential buildings or residential units constructed on or after July 1, 2002, shall have the smoke detectors interconnected within the unit.

(3) Rental units.

a. Where smoke detectors powered by batteries only are allowed by subsection (1) or (2) of this section within rented one- or two-family dwellings, mobile homes or commercial residential buildings or residential units, they shall be powered by a non-replaceable, non-removable battery capable of powering the device for a minimum of ten years without replacement.

b. Where building or electrical remodeling or alterations provide for the installation of hardwired smoke detectors, smoke detectors shall be installed to meet the provisions of the most recently adopted building, electrical and fire codes that apply to the alteration or remodel of the structure, dwelling unit or portion of the dwelling unit.

(4) Smoke detector replacement. The owner, landlord, manager or agent of any duplex, multi-family dwelling, motel, hotel, rooming house, dormitory or non-owner occupied single-family residence where battery operated smoke detectors have been installed not meeting the requirements of this section, shall replace the detectors with detectors meeting the requirements of this section before January 1, 2008.

(5) Replacement of batteries in hard-wired detectors.

a. The owner, landlord, manager or agent of any duplex, multifamily dwelling, rooming house, dormitory or non-owner occupied single-family residence shall replace the battery used for back-up power supply in any hard-wired smoke or heat detector within the unit each time the unit is occupied by a new tenant if the previous tenant occupied the unit for more than one year or on an interval recommended by the manufacturer, whichever is shorter.

b. The owner, landlord, manager or agent of any duplex, multifamily dwelling, motel, hotel, rooming house, dormitory or non-owner occupied single-family residence shall replace the battery in any hard-wired detector yearly or whenever it no longer has the ability to power the detector, whichever is less.

Exception: If the hard-wired detectors referred to in subparagraphs 54-33A.(5)a. and (5)b. are constructed with non-removable, tamper resistant batteries and/or battery compartments, the requirements of these two subsections shall not apply.

(6) Additional installations. A battery powered smoke detector with a non-replaceable, non-removable battery capable of powering the device for a minimum of ten years without replacement shall be accepted to meet additional smoke detector installation requirements due to the more stringent requirements of this ordinance where existing building wiring is not installed to serve the smoke detector within these additional required installation spaces.

(7) Commercial property with residence attached. Effective July 1, 2000, any commercial property having residential units above or adjacent thereto shall provide heat detectors or smoke detectors on the main floor and in the basement and in storage areas interconnected to sounding devices or horn/strobes on each floor above or adjacent to the commercial property with residential units. All installations and components thereof shall meet the requirements of the International Building Code (IBC) § 907.2.10 as adopted by the Wis. Admin. Code chapter SPS 361 or of the National Fire Protection Association (NFPA) 72. All sounding devices or horn/strobes must meet the requirements of the National Fire Prevention Association (NFPA) 72. The distance between any apartment egress door and a sounding device or horn/strobe shall not exceed 30 feet.

(8) New residential buildings, whether one- or two-family dwellings, mobile homes, or commercial residential buildings shall meet the minimum smoke detector installation standards of this article and the minimum standards of the adopted building code applicable to the structure at the time of construction.

(9) Altered or remodeled residential units or altered structures creating a new residential unit(s) shall meet the minimum smoke detector installation standards of this article and the minimum standards of the adopted building code applicable to the altered or remodeled portion of the structure at the time of alteration or remodel.

(Ord. No. O13-3844, § 1, 8-6-2013)

Sec. 54-33 (b) – Smoke detector location.

Smoke detector and heat detector location requirements specified within this article are general in nature and are applicable to most situations. All installations are subject to the approval or disapproval of the building inspector, housing inspector or fire inspector due to unusual room layout, ceiling/wall configuration or other circumstance not included or adequately described in the following directives:

1) Detectors shall be installed at locations within the residential buildings identified in Section 54-33(A) of this article

2) Detectors shall be installed according to the installation instructions of the manufacturer.

3) Corners shall be avoided when installing detectors on flat ceilings.

4) The distance from the ceiling to the closest edge of the detector shall not exceed 12 inches for wall mounted installations within spaces with flat ceilings

5) The distance from the upper most portion of the ceiling to the closest edge of the detector shall not exceed 12 inches vertical for installations within spaces with tray-shaped ceilings.

6) Detectors shall be located within 36 inches of the peak, measured horizontally for peaked or vaulted ceilings and not within four inches of the peak measured vertically.

7) Detectors shall be located within 36 inches of the high side of a sloped or shed type ceiling measured horizontally and not within four inches of the highest portion of the sloped ceiling measured vertically.

8) Consult the building inspector or fire inspector for installation requirements on level or sloped ceilings with beams, open joists or other compartmented surfaces and installations in a kitchen, near a bathroom door or near the supply air flow path of a force air furnace.

9) Unless tested and listed for recessed mounting, detectors shall not be recessed into the mounting surface.

10) Where partitions extend to within 15 percent of the ceiling height, the spaces separated by the partitions shall be considered as separate rooms.

11) A required detector located at the head of a stairway which is separated from the remaining common area space on that floor level by a door or similar obstruction shall not meet the location requirement for placement on that floor level but an additional smoke detector shall be installed within the space.

12) Smoke detectors shall not be located where ambient conditions, including humidity and temperature, are outside the limits specified by the manufacturer's published instructions.

13) Smoke detectors shall not be located within unfinished attics or garages or in other spaces where temperatures can fall below 40 degrees F or exceed 100 degrees F.

14) Where the mounting surface could become considerably warmer or cooler than the room, such as a poorly insulated ceiling below an unfinished attic or an exterior wall, smoke detectors shall be mounted on an inside wall.

15) Smoke detectors shall not be installed within a 36-inch horizontal path from the tip of the blade of a ceiling-suspended (paddle) fan.

16) For stairways leading up from a basement, smoke detectors shall be located on the basement ceiling near the entry to the stairs. Smoke detectors and heat detectors required by this article shall be so installed as to comply with the location requirements of the National Fire Protection Association (NFPA) 72. If any portion of any above directive is in conflict with the location requirements of NFPA 72, the requirements of NFPA 72 shall be followed.

Sec. 54-34 – Carbon Monoxide Detectors.

Sec. 54-34 (A) – Installation

The installation requirements of this section within the City of Superior are more restrictive than the statutory requirements of the State of Wisconsin in accord with SPS 314.01(6)(b).

(1) Requirements.

a. Single- or two-family residential buildings and mobile homes. The owner/occupant of a single- or two-family residential dwelling or mobile home in which is installed a fuel burning appliance or in which there is a storage garage shall install a carbon monoxide detector on each floor level of the building regardless of the age of the building or date of construction. Carbon monoxide detectors with battery power only are acceptable within one- or two-family dwellings for which a building permit was obtained prior to February 1, 2011. One- or two-family dwellings permitted on or after February 1, 2011, shall have carbon monoxide detectors powered by the building electrical system with additional battery backup powered by a non-replaceable, non-removable battery capable of powering the device for a minimum of ten years without replacement.

b. Commercial residential buildings. The owner of a commercial multi-unit residential building shall install a carbon monoxide detector in all of the following places not later than April 1, 2010:

1. In the basement of the building if the basement has a fuel-burning appliance.

2. Within 15 feet of each sleeping area of a unit that has a fuel-burning appliance.

3. Within 15 feet of each sleeping area of a unit that is immediately adjacent to a unit that has a fuel-burning appliance.

4. In each room that has a fuel-burning appliance and that is not used as a sleeping area. A carbon monoxide detector shall be installed under this subdivision not more than 75 feet from the fuel-burning appliance.

5. In each hallway leading from a unit that has a fuel-burning appliance, in a location that is within 75 feet from the unit, except that, if there is no electrical outlet within this distance, the owner shall place the carbon monoxide detector at the closest available electrical outlet in the hallway.

(2) Rental units.

a. Where carbon monoxide detectors powered by batteries only are allowed by subsection (1) of this section within rented one- or two-family dwellings, mobile homes or commercial residential buildings or residential units, they shall be powered by a non-replaceable, non-removable battery capable of powering the device for a minimum of ten years without replacement.

b. Where building or electrical remodeling or alterations provide for the installation of hardwired carbon monoxide detectors, carbon monoxide detectors shall be installed to meet the provisions of the most recently adopted building, electrical and fire codes that apply to the alteration or remodel of the structure, dwelling unit or portion of the dwelling unit. These detectors shall be powered by a non-replaceable, non-removable battery capable of powering the device for a minimum of ten years without replacement.

(3) Carbon monoxide detector replacement. The owner, landlord, manager or agent of any duplex, multi-family dwelling, motel, hotel, rooming house, dormitory or non-owner occupied single-family residence where battery operated carbon monoxide detectors have been are installed which do not meet the requirements of this section shall, upon replacement prior to January 1, 2025, be replaced the detectors with detectors meeting the requirements of this section. As of January 1, 2025 all carbon monoxide detectors shall contain a non-replaceable, non-removable battery capable of powering the device, or providing battery backup, for a minimum of ten years without replacement.

(4) Replacement of batteries in hard-wired detectors.

a. The owner, landlord, manager or agent of any duplex, multifamily dwelling, rooming house, dormitory or non-owner occupied single-family residence shall replace the battery used for back-up power supply in any hard-wired carbon monoxide detector within the unit each time the unit is occupied by a new tenant if the previous tenant occupied the unit for more than one year or on an interval recommended by the manufacturer, whichever is shorter.

b. The owner, landlord, manager or agent of any duplex, multifamily dwelling, motel, hotel, rooming house, dormitory or non-owner occupied single-family residence shall replace the battery in any hard-wired detector yearly or whenever it no longer has the ability to power the detector, whichever is less.

Exception: If the hard-wired detectors referred to in subparagraphs 54-34 (A),(4)a and (4)b. are constructed with non-removable, tamper resistant batteries and/or battery compartments, replacement shall be in accordance to manufacturer recommendations and the requirements of these two subsections shall not apply.

(5) Additional installations. A battery powered carbon monoxide detector with a non-replaceable, non-removable battery capable of powering the device for a minimum of ten years without replacement shall be accepted to meet additional carbon monoxide detector installation requirements due to the more stringent requirements of this ordinance where existing building wiring is not installed to serve the carbon monoxide detector within these additional required installation spaces.

(8) New residential buildings, whether one- or two-family dwellings, mobile homes, or commercial residential buildings shall meet the minimum carbon monoxide detector installation standards of this article and the minimum standards of the adopted building code applicable to the structure at the time of construction.

(9) Altered or remodeled residential units or altered structures creating a new residential unit(s) shall meet the minimum carbon monoxide detector installation standards of this article and the minimum standards of the adopted building code applicable to the altered or remodeled portion of the structure at the time of alteration or remodel.

Sec. 54-34 (B) – Carbon monoxide detector location.

Carbon monoxide detector location requirements specified within this article are general in nature and are applicable to most situations. All installations are subject to the approval or disapproval of the building inspector, housing inspector or fire inspector due to unusual room layout, ceiling/wall configuration or other circumstance not included or adequately described in the following directives:

(1) Detectors shall be installed at locations within the residential buildings identified in section 54-34(A) of this article.

(2) Detectors shall be installed according to the installation instructions of the manufacturer.

(3) Unless tested and listed for recessed mounting, detectors shall not be recessed into the mounting surface.

(4) A required detector located at the head of a stairway which is separated from the remaining common area space on that floor level by a door or similar obstruction shall not meet the location requirement for placement on that floor level but an additional carbon monoxide detector shall be installed within the space.

(5) Carbon monoxide detectors shall not be located where ambient conditions, including humidity and temperature, are outside the limits specified by the manufacturer's published instructions.

(6) Carbon monoxide detectors shall not be located in dead air spaces, such as peaks of vaulted ceilings or gabled roofs, where CO may not reach the sensor in time to provide early warning.

(7) Carbon monoxide detector shall not be installed near deep-cell large batteries.

(8) Where the mounting surface could become considerably warmer or cooler than the room, such as a poorly insulated ceiling below an unfinished attic or an exterior wall, carbon monoxide detectors shall be mounted on an inside wall.

(9) Carbon monoxide detectors shall not be installed within a 36-inch horizontal path from the tip of the blade of a ceiling-suspended (paddle) fan, a door, a window or areas directly exposed to the weather.

(10)Carbon monoxide detectors shall not be installed near vents, flues, chimneys or any forced/unforced air ventilation openings.

(11)Carbon monoxide detectors shall not be installed within 10 feet of heating or cooking appliances.

(12)Carbon monoxide detectors and heat detectors required by this article shall be so installed as to comply with the location requirements of the National Fire Protection Association (NFPA) 72. If any portion of any above directive is in conflict with the location requirements of NFPA 72, the requirements of NFPA 72 shall be followed.

Sec. 54-35. - Detector maintenance.

The correct installation of smoke and carbon monoxide detectors shall be the responsibility of the owner, landlord, manager or agent. The responsibility for smoke and carbon monoxide detector maintenance shall be as follows: restricted

(1) Responsible person. The owner, landlord, manager or agent of a residential building shall maintain any such smoke and carbon monoxide detectors:

a. Located in common areas of the residential building.

b. Located in required areas with access restricted to landlords such as a locked basement or other similar areas.

c. Located within a vacant or empty unit before a vacant or empty unit is rented, leased or occupied.

d. Located within a unit within five days of notification that the smoke detector within the unit is not functioning or is defective.

(2) Occupant. The occupant of a unit in a residential building shall maintain any smoke detector in that unit, except that if an occupant who is not an owner, or a state, county, or city officer, agent or employee charged under statute or municipal ordinance with powers or duties involving inspection of real or personal property, gives written notice to the owner that a smoke or carbon monoxide detector in the unit is not functional the owner shall provide, within five days after receipt of that notice, any maintenance necessary to make that smoke or carbon monoxide detector functional or replace the smoke or carbon monoxide detector. The occupant shall be responsible for the following:

a. Testing of the smoke and carbon monoxide detectors before renting, leasing, or occupying the residential unit.

b. Weekly visual inspection to confirm the presence of the smoke and carbon monoxide detectors in their required locations within the unit.

c. Monthly testing of the smoke and carbon monoxide detectors within the unit.

d. Monthly recording the testing date for each smoke and carbon monoxide detector.

e. Replace batteries as needed within hard-wired smoke and carbon monoxide detectors.

f. Immediate notification in writing to the responsible person (owner, landlord, manager, agent, other) of any defective or non-functioning smoke or carbon monoxide detector.

g. Maintenance of any required detector within spaces such as basement storage areas where the tenant has sole possession of such space.

(Ord. No. O13-3844, § 1, 8-6-2013)

Sec. 54-36. - Inspection and orders.

Fire department inspectors, building inspectors, and code enforcement officers may inspect all residential buildings, except the interior of residential units, as may be necessary to ensure compliance with this section. Fire department inspectors, building inspectors, and code enforcement officers may inspect the interior of a residential unit at the request of the owner or occupant as may be necessary to ensure compliance with this section. Fire department inspectors, building inspectors, and code enforcement officers may issue orders as may be necessary to ensure compliance with this section.

(Ord. No. O13-3844, § 1, 8-6-2013)

Sec. 54-37. - Penalty.

Citations for violation of this article shall be not more than $150.00 for each day of violation as determined by the authority issuing the citation.

(Ord. No. O13-3844, § 1, 8-6-2013)

Secs. 54-38, 54-39. - Reserved.

Editor's note: This is the newest draft of the proposed ordinance, posted Sept. 29.

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