1986-15315011
NO _&Zff.:
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AMENDING CHAPTER 10
(FIRE PROTECTION) OF THE CODE OF ORDINANCES OF THE CITY OF
DENTON, TEXAS BY THE ADDITION OF ARTICLE V THERETO TO BE ENTITLED
"ALARM SYSTEMS", REQUIRING THE INSTALLATION OF SMOKE DETECTORS IN
CERTAIN DWELLING UNITS, PROVIDING FOR A PENALTY IN THE MAXIMUM
AMOUNT OF $1,000 00 FOR VIOLATIONS THEREOF, AND PROVIDING AN
EFFECTIVE DATE
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS
SECTION I
That Chapter 10 of the Code of Ordinances of the City of
Denton, Texas is hereby amended by the addition of a new Article V
which said Article reads as follows
ARTICLE V ALARM SYSTEMS
Sec 10-62 Definitions
(1) Bedroom means any room which is designed with the
intent that it be used for sleeping purposes
(2) Corridor means a passage which connects parts of the
welling unit
(3) Dwelling Unit means a home, mobile home, duplex
unit, apartment unit, condominium unit, or any
dwelling unit in a multiunit residential structure
It also means one or more rooms which are subject to
a single rental agreement and which are rented to a
tenant or tenants for use by persons as a permanent
residence
(4) Landlord means the owner, lessor, or sublessor of a
dwelling unit A managing agent or leasing agent,
whether residing or officing on-site or off-site,
shall be considered the agent of the landlord for
purposes of notice and other communications required
or allowed under this section Otherwise, a manager
or agent of the landlord shall be considered a
landlord under this section only if the manager or
agent purports to be the owner, lessor, or sublessor
in the rental agreement
(S) Smoke Detector means a device which is (1) designed
to detect visible or invisible products of combus-
tion, (2) designed with an alarm audible to the
bedrooms it services, (3) powered by either battery,
alternating current, or other power source, (4)
tested and listed for use as a smoke detector by
Underwriters Laboratories, Inc , Factory Mutual
Research Corporation, or United States Testing
Company, Inc , and (S) in good working order
(6) Tenant means any person who is entitled to occupy a
welling unit to the exclusion of others and who is
obligated to pay rent for the dwelling unit under a
written or oral rental agreement
(7) Test of Smoke Detector means the performance of the
act or acts which the manufacturer of a smoke
detector recommends for that particular model of
smoke detector as a simple test of whether or not
the smoke detector is in good working order
(8) Units Constructed After September 1 1981 means any
unit or w is a building permit was issued after
September 1, 1981, or, if no building permit is
issued, any unit which is occupied as a residence
for the first time after September 1, 1981
(9) Units Constructed on or before Se tember 1 1981
means any unit or w is a u11 ing permit was
issued on or before September 1, 1981, or which was
occupied as a residence for the first time on or
before that date
Sec 10-63 Duty to Install Smoke Detectors in Certain
Dwelling Units
(a) New units constructed after September 1, 1981, at
least one smoke detector shall be installed by the
landlord outside of each separate bedroom in the
immediate vicinity of the bedroom, except that
(1) where the dwelling unit is designed with the
intent that a single multipurpose room be used
for dining, living, and sleeping purposes, the
smoke detector shall be located inside the room
rather than outside,
(2) where the bedrooms are served by the same
corridor, at least one smoke detector shall be
installed in the corridor in the immediate
vicinity of the bedrooms, and
(3) where one or more bedrooms are located on a
level above the cooking and living area, the
smoke detector for the bedrooms shall be placed
at the center of the ceiling directly above the
top of the stairway
(b) A smoke detector required by this section shall be
installed prior to commencement of possession of the
dwelling unit by the tenant in accordance with
manufacturer's recommended procedures, subject to
the following
(1) a smoke detector shall be installed on a ceiling
or wall,
(2) if installed on a ceiling, the smoke alarm shall
be installed no closer than six inches to a wall,
(3) if installed on a wall, the smoke detector shall
be installed no closer than 6 inches to the
ceiling and no farther than 12 inches from the
ceiling,
(4) a smoke detector may be located elsewhere if
permitted by the Building Code, and
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(5) if a smoke detector is electrically operated
rather than battery operated, the power system
and installation procedures for the smoke
detector shall comply with the Building Code
(b) Existin Units For all dwelling units constructed
on or a fore September 1, 1981, at least one smoke
detector shall be installed by the landlord in
accordance with Subsection (a) A smoke detector
required by this subsection shall be installed in
accordance with the location and installation
procedure requirements of Subsection (a)
Sec 10-64 Duty to Inspect and Repair
(a) Upon commencement of a tenant's possession of a
dwelling unit containing a smoke detector, the
landlord shall have a duty to test the smoke
detector to verify that it is in good working
order Upon installation of a smoke detector by a
landlord after commencement of the tenant's
possession of a dwelling unit, the landlord shall
have a duty to test the smoke detector at that time
to verify that it is in good working order
(b) During the term of the rental agreement or any
renewal or extension thereof, the landlord shall
have a duty to inspect and repair a smoke detector
only if the tenant has given notice to the landlord
of malfunction or made a request to the landlord for
inspection or repair The notice of the landlord
need not be in writing unless written notice is
required in the written rental agreement The
landlord shall comply with the tenant's request for
inspection and repair within a reasonable time,
considering the availability of material, labor, and
utilities
(c) A landlord shall not have a duty to inspect or
repair a smoke detector if the damage or malfunction
is caused by the tenant or the tenant's family,
guests, or invitees during the term of the rental
agreement or any renewal or extension period of the
rental agreement Provided, however, a landlord
shall have a duty to repair or replace a smoke
detector covered by this subsection if the tenant
pays in advance for the reasonable cost of the
repair or replacement, including labor, materials,
taxes, and overhead
(d) A landlord shall have satisfied his duty to inspect
or repair a damaged or malfunctioning smoke detector
if, after a test of the smoke detector if, after a
test of the smoke detector, the test indicates that
the smoke detector is in good working order
Sec 10-65
(a) A person commits an offense if as landlord of a
dwelling unit he
(1) fails to install a smoke detector in compliance
with Section 10-63, or
PAGE 3
(2) fails to test or repair a smoke detector in
compliance with Section 10-64
SECTION II
Any person who shall violate a provision of this ordinance,
or fails to comply therewith or with any of the requirements
thereof, or of a permit or certificate issued thereunder, shall
be guilty of a misdemeanor punishable by a fine not exceeding
One Thousand Dollars ($1,000 00) Each such person shall be
deemed guilty of a separate offense for each and every day or
portion thereof during which any violation of this ordinance is
committed, or continued, and upon conviction of any such
violations such person shall be punished within the limits above
SECTION III
That this ordinance shall become effective fourteen (14)
days from the date of its passage, and the City Secretary is
hereby directed to cause the caption of this ordinance to be
published twice in the Denton Record-Chronicle, the official
newspaper of the City of Denton, Texas, within ten (10) days of
the date of its passage
PASSED AND APPROVED this the 64 day of , 1986
y
RAY STE S, MAYOR
ATTEST
dll&e? 100~f
LO1TE LLE , C SECRETATM-
CITY OF DENTON, TEXAS
APPROVED AS TO LEGAL FORM
DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY
CITY OF DENTON, TEXAS
BY L"2 L
CITY OF ENTON, TEXAS
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