Ord 90-064
0072.060.004
RPB/tw
05/16/90
R: 06/19/90
ORDINANCE NO.
90-64
AN ORDINANCE OF THE CITY OF FEDERAL WAY,
WASHINGTON, REQUIRING THE INSTALLATION AND
MAINTENANCE OF SMOKE DETECTORS IN ALL DWELLING
UNITS; CONTAINING A SEVERABILITY CLAUSE AND
SETTING AN EFFECTIVE DATE.
WHEREAS,
the city Council of the City of Federal Way
(1) the majority of deaths from fire occur in
recognizes that:
residential fires;
(2)
the majority of residential fire deaths
are caused by smoke rather than burns; (3) the presence of smoke
detectors
reduces
the
risk
of
fire
death
by
half;
(4)
approximately 1/5 of American homes are without smoke detectors;
and (5)
in homes with smoke detectors, approximately 1/4 to 1/3
of
those
detectors
are
non-operational
with
dead
or missing
batteries being the cause; and
WHEREAS, the Council also recognizes that RCW 48.48.140
only mandates the presence of smoke detectors in rental dwelling
units occupied after December 31, 1981 and dwelling units built
or manufactured after December 31, 1980, and
WHEREAS,
this
ordinance
is
in the
interest
of
the
public health, safety and welfare, NOW, THEREFORE,
THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON,
DO ORDAIN AS FOLLOWS:
section 1.
Definitions,
The following definitions
shall apply to the following words and phrases in this ordinance:
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A.
"Approved Smoke Detector" means an ionization
or
photoelectric
device
which
detects
visible
or
invisible
products of combustion other than heat, which emits an audible
signal indicating a fire condition or both an audible and visual
signal indicating a fire condition, which conforms to washington
State
Building
Code
requirements,
and
which
is
listed
by
underwriters
Laboratories
or
any
other
nationally
recognized
testing laboratory.
A device which detects only heat shall not
constitute an approved smoke detector under this ordinance.
B.
"Hard-wired"
means
directly
connected
to
a
building's AC electrical power supplied by a commercial light and
power source,
Wiring shall be permanent without a disconnecting
switch other than those required for overcurrent protection.
C. "Battery-Operated" means powered by an
integral battery or batteries.
D. "DWelling Unit" means a unit providing
complete,
independent living facilities for one or more persons,
including facilities which are used or designed to be used for
living, sleeping, eating, cooking and sanitation.
E.
"Owner" means a person who, alone, jointly, or
severally with others, shall have all or part of the legal title
to any dwelling unit.
F.
"Sleeping Area" means an area of a dwelling
unit containing bedrooms which are separated from each other by
no use area other than a bathroom.
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G.
"Hearing
Impaired"
means
a
hearing
problem
impairing the ability to be awakened by a standard smoke detector
whether or not wearing a hearing aid,
section 2.
Smoke Detector Installation Reauired.
A.
Owners
of
dwelling
units
shall
install
adjacent to the sleeping area in each dwelling unit not less than
one
(1)
smoke detector in operable condition which provides an
audible warning that can be heard in all rooms in the sleeping
area, and not less than one (1) smoke detector on each level of
the
dwelling,
including the
basement but excluding any
crawl
space or unfinished attic.
Where multiple sleeping areas exist
and are widely separated (Le.,
on different levels or opposite
ends of the dwelling unit), and/or where a single smoke detector
will not adequately service all sleeping areas, there shall be a
smoke detector installed adjacent to each sleeping area.
B.
Smoke detectors in dwelling units occupied by
hearing
impaired
persons
shall,
in
addition
to
an
audible
warning, have a strobe light that, when activated, emits a white
light.
The light pulse shall have a minimum frequency of 60 but
not exceeding 120 flashes per minute, and shall be listed by a
nationally
recognized
testing
laboratory
for
the
particular
purpose of alerting the deaf and hearing impaired in the event of
a fire.
c.
The smoke detector(s) shall be installed in a
manner
and
location
consistent
with
the
manufacturer's
instructions.
Smoke detectors for hearing impaired persons shall
be installed in unobstructed view of the sleeping room bed.
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D.
Hard-wired smoke detectors shall be installed
in all dwelling units built or manufactured after the effective
date of this ordinance.
Either hard-wired or battery-operated
smoke detectors may be installed in existing residences which
were constructed prior to December 31, 1980.
section
3.
Testinq
And
Maintenance
of
Smoke
Detectors.
Installation of an approved smoke detection device
shall be the responsibility of the owner,
Maintenance of such
device shall be the responsibility of the tenant or occupant.
Maintenance shall include the performance of such tests of the
required
smoke
detector(s)
as
are
recommended
by
the
manufacturer,
at
intervals
of
not
less
than
once
a
month.
Maintenance also requires that if the smoke detector is battery-
operated,
new batteries
shall
be
installed whenever the unit
emits
a
low
battery
signal,
or
a minimum of
once each year
whether or not a low battery signal is present.
section 4.
Transfer Of Dwellinq unit without Smoke
Detector Prohibited.
It shall be unlawful for any person to
convey fee title to any real property which includes a dwelling
unit, or transfer possession of any dwelling unit pursuant to a
land sale contract, unless there is a properly operating smoke
detector
in
the
dwelling
unit
which
has
been
installed
in
accordance with this
ordinance.
Effective upon
the
sale
or
transfer of title of a dwelling unit, it shall be the duty of the
seller or transferor to certify to the buyer or transferee in
writing that all smoke detectors required by this ordinance are
installed and in proper working order.
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section 5.
Removal Or Tamperina with Smoke Detector
Prohibited.
It shall be unlawful for any person to remove a
properly functioning smoke detector installed in conformance with
this ordinance unless it is replaced.
It shall be unlawful for
any
person
to
remove
batteries
or
in
any
other
way
make
inoperable
or
interfere
with
the
effectiveness
of
a
smoke
detector
installed
in conformance with this
ordinance,
except
that this provision shall not apply to any owner or owner's agent
in the normal procedure of replacing batteries.
section 6.
Enforcement.
A.
The Building Official of the city of Federal
Way, or the official's designee, and the Fire Chief for the City
or
chief's
designee,
are
hereby
authorized
to
enforce
all
provisions
of
this
ordinance,
If
the
property
owner
is
in
violation of this ordinance, the duly-appointed representatives
of the City or Fire authority may issue a notice of violation
requiring compliance within a period of not less than two weeks.
B.
No
permit
for
alterations,
repairs,
or
additions to an existing dwelling unit shall be issued unless the
owner certifies that a properly-operating smoke detector has been
installed in the dwelling unit in accordance with this ordinance.
section 7.
Penalty.
Any person, firm or corporation
violating any of the provisions of this ordinance, or neglecting
to comply with the order issued pursuant to this ordinance, shall
be guilty of a civil infraction, punishable by a maximum fine of
$50.00.
Each
day
that
a
continuing
violation
exists
shall
constitute a separate offense.
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section
9.
certain Persons
Not Liable
For Damaqes
Resul tinq From Failure Of Smoke Detector.
The City of Federal
Way, the Fire Chief for the city and their officers, agents and
employees
shall
not
be
held
liable
in
any
civil
action
for
damages or death or injury to persons or property resulting from
the
failure
to
install
or
the
failure
of
a
smoke
detector
required under this ordinance.
Section
10.
ComDliance Date.
Owners
shall
install
smoke detectors
as
required by this
ordinance within six
(6)
months after the effective date of this ordinance.
sèction 11.
Conflict with other Ordinances.
In any
case where
a provision
of
this
ordinance
is
found to be
in
conflict
with
a
provision
of
any
fire
or
safety
code
of
Washington
state,
the
provision
which
establishes
the
higher
standard for the promotion and protection of health and safety
shall prevail.
section
12. Severability.
If
any
section,
subsection,
sentence,
clause,
phrase,
part or portion of this
ordinance, or the application thereof to any person, is for any
reason held to be invalid or unconstitutional by any court of
competent
jurisdiction,
such
decision
shall
not
affect
the
validity of the remaining portions of this ordinance, which shall
remain in full force and effect; and to this end, the provisions
of this ordinance are severable.
section 13.
Effective Date.
This ordinance shall be
effective five (5) days after publication of an approved summary
consisting of the title to this ordinance.
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PASSED by the city Council of the city of Federal Way
this ~ day of
July
, 1990.
CITY OF FEDERAL WAY
Ý}~Å ~
MAYOR, DEBRA ERTEL
APPROVED AS TO FORM:
OFFICE OF THE CITY ATTORNEY:
.~
BY
FILE WITH THE CITY CLERK:
PASSED BY THE CITY COUNCIL:
PUBLISHED: July 8, 1990
EFFECTIVE DATE: July 13, 1990
ORDINANCE NO. 90-64
June 21, 1990
July 3, 1990
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