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