Loading...
Ordinance 1995-04 CITY OF WYLIE, TEXAS ORDINANCE NO. 9S-( AN ORDINANCE REQUIRING THAT ALL DWELLING UNITS BE EQUIPPED WITH SMOKE DETECTORS AND SPECIFYING THE LOCATION THEREOF; SPECIFYING RESPONSffiILITIES OF BOTH OWNERS AND DWFJ J .RRS; PROVIDING FOR REPEALING AND SEVERABILITY CLAUSES~ PROVIDING FOR AN EFFECTIVE OA TE OF TInS ORDINANCE; AND PROVIDING FOR THE PUBLICATION HEREOF. WHEREAS, the City Council of the City of Wylie, Texas ("City Council"), has investigated and determined that it is in the best interest for the public health and safety of Wylie to require that working smoke detectors be installed and maintained in all dwelling units or congregate residences used for sleeping purposes. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS: SECTION I: Smoke Detectors Required. All dwelling units or congregate residences used for sleeping purposes shall be provided with working smoke detectors, and all smoke detectors shall be installed in accordance with the approved manufacturer's instructions. SECTION 2: Location Within Dwelline Units. The smoke detector shall be installed in each sleeping room and at a point centrally located in the corridor or area giving access to each separate sleeping area. When the dwelling unit has more than one story and in dwellings with basements, a detector shall be installed on each story and in the basement. In dwelling units where a story or basement is split into two or more levels, the smoke detector shall be installed on the upper level, except that when the lower level contains a sleeping area. a detector shall be installed on each leveL When sleeping rooms are on an upper level, the detector shall be placed at the ceiling of the upper level in close proximity to the stairway. In dwelling units where the AN ORDINANCE REQUIRING SMOKE DETECTORS IN ALL DWELUNGS - Page 1 Iw /1 0J08J98 /1:JmboxBlwytie/smoJ<edetofd I #940272.202 . ceiling height of a room open to the hallway serving the bedrooms exceeds that of the haUway by 24 inches (61Omm) or more, smoke detectors shall be installed in the hallway and in the adjacent room. Detectors shall sound an alarm audible in all sleeping areas oftbe dwelling unit in which they are located. SECTION 3: Location Within Efficiency Dwelllng Units or Congregate Residences. In efficiency dwelling units and congregate residence sleeping rooms, detectors shall be located on the ceiling or wall of the main room or each sleeping room. When sleeping rooms within an efficiency dwelling unit are on an upper level, the detector shall be placed at the ceiling of the . upper level in close proximity to the stairway. When actuated, the detector shall sound an alarm audible within the sleeping area of the efl'1ciency dwelling unit or congregate residence, SECTION 4: Responsibilities of Owner and Dweller. It shall be the responsibility of the owner of the dwelling unit or congregate residence to properly install a working smoke detector in accordance with the approved manufacturer's instructions, and as set forth in Sections 2 and 3 above. After the dwelling unit or congregate residence is occupied. the dweller shall be responsible to ensure that the smoke detector remains in a working condition by either maintaining the smoke detector or immediately notifying the owner that repair to the smoke detector is needed. However, the dweller may not absolve its liability under this Ordinance by relying solely upon notification to the owner. The dweller must take whatever steps necessary to ensure that the dwelling unit or congregate residence has a working smoke detector. Both the owner and dweller may be held liable under the penalty provision of this Ordinance, if it is determined that the owner failed to properly install a smoke detector or if he or AN ORDINANCE REQUIRING SMOKE DETECTORS IN ALL DWELLINGS - Page 2 Iw 11 OI08l96/I:lmbox8lwy\ielsmokedet.o(d 1#940272.202 . she failed to respond to the dweller's notification within a timely manner, and if the dweller failed to maintain the smoke detector in a working condition. SECTION 5: Severability Clause. It is the intention of the City Council that this Ordinance, and every provision thereof. shall be considered severable and the invalidity of any section, clause or provision or part or portion of any section, cla.use, or provision of this Ordinance shall not affect the validity of any other portion of this Ordinance. SECTION 6: Repealing Clause. All provisions of any ordinance in conflict with this Ordinance are hereby repealed~ but such repeal shall not abate any pending prosecution for violation of the repealed ordinance, nor shall the repeal prevent a prosecution from being commenced for any violation if occurring prior to the repeal of the ordinance. SECTION 7: Publication and Effective Date. The caption oftrus Ordinance shall be published in accordance with the law and the provisions of the Home Rule Charter of the City of Wylie and shall be effective immediately upon its passage and such publication. SUSAN\$C City Sect~ .<~::;;:;;:;:.. . AN ORDINANCE REaUIRING$MOKE OETE;CTORS IN ALL DWElliNGS - Page 3 lW /1 OI08l96/I:Jmbox8lwy1ielsrnokedet.Ord /1IS40272.Z02 APPROVED AS TO FORM: D. KAY WOODS City Attorney .