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8.2 UBC Sec 1210 Sleeping Rooms CITY OF SALINA ' I:t~[(~]IJEST FOR COlvlNISSION ACTION 0ATE TIM~ m AGENDA SECTION: Administration ORIGINATING OEPARTNt~NT: APPROVED FOR NO..8 PERMITS AND INSPECTION~. AGENDA: / DiVISiON ITEN 2 ~ @¥: Michael E. Peterson On danuary 25, 1988, the City Commission passed Ordinance 88-0220, amendin§ Section .210 of the Uniform'Buildin§ Code' re§ardin§ smoke detectors, lhe existin9 ordinance prey'des that an inspection shall be made for compliance with the smoke detector requirement ~then- ever a buildin9 permit is issued relatin§ to the structure. In an effort to address the possibility that an owner or occupant mi§hr refuse to submit to such an inspection, :he ordinance provides that such a refusal raises the presumption that the dwellin9 is properly equipped, lhe presumption was intended to allow the corrective enforcement procedure to continue, while givin§ the owner or occupant the opportunity to show pliance. We have been advised that the ^ttorney General views the particular portion of the nance, which raises the presumption,to be in conflict with Fourth gmendment against unreasonable searches and seizures. 1o alleviate any possible concern about the possible conflict, the staff has developed two proposed ordinances, which are and 88-g262, for your consideration. If any additions or deletions are desired, the ordinances may be ame tded before their second readin§. Ordinance 88-9261 is an amendment to the pre¥iously amended Section 1210 of the Building Code. Ordinance 88-9262 is an amendment to Chapter 18 of the Salina Code k~own as the Minimum Housing Code. Copies, which show the deleted wording {slashes) and ~he new wording {underlined) and the Minimum Housing Code, are attached. ^mendments to the ~niform Buildin~ Code Ordinance 88-9261 amends the Uniform Building Code in the following ways: 1. It eliminates the'presumption[raised by refusing an inspection. 2. Provides a more traditional method of legal remedy if a request to inspect is refused by the owner or occupant. gmendments to the Minimum Housin~ Code Ordinance 88-9262 amends the Minimum Housing Code in the following ways: 1. It clarifies the requirement for smoke detectors in' existing dwelling units. Smoke detectors are required in existing dwellings by the National Fire Protection gssociation, kife Safety Code 101, 1985 edition, as adopted by the State of [ansas, which we currently adopt by reference {see grticle III I COlv~ISSION ACTION ~OTION BY SECONO BY TO: CITY OF SALINA RE(~)UEST FOR CONMI SS ION ACTION DATE, T,I,,ME 7/11/88 4:00 AGENDA SECTION: .3RIGINAT1N~ DEPARTMENT: APPROVED FOF NO. PERMITS AND INSPECTION AGENDA: ...... DIVISION ITEM NO, BY: Michael E. Peterson BY: Section 14-41 of the Salina Code of Ordinances)..We hope by echoing this requirement in the Minimum Housing Code, we will be able to better inform the public as well as allow owners and occupants a reasonable time to pro- vide operable smoke detectors. 2. The amendments elaborate on the remedy available if an inspection is refused . 3. It modifies the minimum time allowed for compliance to coincide with the Uniform Building Code period. Staff will be present to provide additional commentary and to answer your questions. CCIV~II SS 1 ON ACTION ~aDTION 8Y SECOND BY TO: [Published in The Salina Journal July , 1988) ORDINANCE NUMBER 88-9261 AN ORDINANCE AMENDING SALINA CODE SECTION 8-38 AS IT AMENDS SECTION 1210 OF CHAPTER 12 OF THE UNIFORM BUILDINC CODE PERTAINING TO THE MAINTENANCE AND USE OF DWELLING UNITS AND GUEST ACCOMMODATIONS WITH SLEEPING ROOMS WITHIN THE CITY OF SALINA; REQUIRING THE INSTALLATION AND MAINTENANCE OF SMOKE DETECTORS THEREIN; AND PROVIDING ENFORCEMENT MEASURES. BE IT ORDAINED by the Governing Body of the City of Salina, Kansas: Section 1. That Section 8-38 of the Salina Code is hereby amended to read as follows: "Section 8-38. Amendment of Section 1210 of Chapter 12 of the Uniform Buildinc~ Code. Section 1210 of Chapter 12 of the Uniform Building Code. is hereby amended to read as follows: (a) Smoke detectors. Every dwelling unit and every guest room in a hotel, lodging house, apartment house, or mobile home used for sleeping purposes shall be provided , with operable smoke detectors conforming to Uniform Building Code Standard No. ~3-6. In dwelling units, detectors shall be mounted on the ceiling or wall at a point centrally located in the corridor or area giving access to rooms used for sleeping purposes. In an efficiency dwelling unit, hotel sleeping room, .and in hotel suites, the detector shall be centrally located on the ceiling of the main room or hotel sleeping room. Where sleeping rooms are on an upper level, the detector shall be pieced at the center of the ceiling directly above the stairway, - Ail detectors shall be located in accordance with approved manufacturer's instructions. When activated, the detector shall provide an alarm in the dwelling unit or guest room. In new construction, required smoke detectors shall receive their primary power from the building wiring when such wiring is served from a commercial source. Wiring shall be permanent and without a disconnecting switch other than those required for overcurrent protection. Smoke detectors may ,be battery operated when installed in existing buildings, or in buildings without commercial power. A smoke detector shall be installed in the basement of dwelling units having a stairway which opens from the basement into the dwelling. Such detector shall be connected to a sounding device or other detector to provide an alarm which will be audible in the sleeping area. (b) Inspections. Whenever a permit is issued by 'the Permits and Inspection Division for any alteration, addition or repair to a Group R, Division 1 or 3 occupancy, a code enforcement inspection shall be conducted by the building inspection staff to determine compliance with this section. If entry for the purpose of such inspection is refused, the building official or his authorized representative shall have recourse to every remedy provided by law to secure entry, including, but not limited to, application for a warrant or an order of the municipal court or the district court authorizing the inspection. (c) Enforcement. Should an inspection reveal that a dweilirlg unit or structure is not equipped with approved and operable smoke detectors, or should a fire occur in any dwelling unit or structure, and that dwelling unit or structure is found not to be equipped with operable smoke detectors as required herein, the owner and/or occupant of said property shall be in violation of this section and shall be issued a notice for "Failure to Comply." The owner and/or occupant given such notice shall be allowed ten (10) days in which to comply with this section. A reinspection will be made following expiration of the ten (10) day compliance period. ^ citation for violatoin of this section will be issued upon the reinspection if compliance has not been completed, and each seven (7} days thereafter shall constitute a separate violation for which subsequent citations will be issued. (d) Violations. Violation of this ordinance shall be a misdemeanor, and upon conviction thereof, a fine of fifty dollars {$50) per violation, plus court costs, shall be levied. · Section 2. This ordinance shall be in full force and effect from and after its adoption and publication once in the official city newspaper. Introduced: July 11, 1988 Passed: July 18, 1988 Sydney Soderberg, Mayor [SEAL] ATTEST: Robert K. Biles, City Clerk