88-9262 Housing1
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(Published in The Salina Journal August 5J, 1988)
ORDINANCE NUMBER 88-9262
AN ORDINANCE AMENDING CHAPTER 18 OF THE SALINA CODE
KNOWN AS THE MINIMUM HOUSING CODE; REQUIRING THE INSTALLATION AND
MAINTENANCE OF SMOKE DETECTORS THEREUNDER; AMENDING SECTIONS
18-23, 18-24, AND 18-25 AND ADDING NEW SECTIONS 18-22 AND 18-81.
BE IT ORDAINED by the Governing Body of the City of Salina,
Kansas:
Section 1. That Section 18-23 of the Salina Code is hereby amended to
read as follows:
"Section 18-23. Inspection authorized.
(a) Generally. . For the purpose of determining
compliance with the provisions of this chapter, the building
official, or his authorized representative, is hereby
authorized and directed to make inspections to determine the
condition, use and occupancy of dwellings, dwelling units,
rooming units, and the premises upon which the same are
located. For the purpose of making such inspections, the
building official or his authorized representative, is hereby
authorized to enter, examine and survey all dwellings,
dwelling units, rooming units and premises upon which the
same are located, at all reasonable times.
(b) Notification and right of entry. The owner,
operator and occupant of every dwelling, dwelling unit, and
rooming unit shall give the building official, or his
authorized representative, free access to such dwelling,
dwelling unit, or rooming unit, and its premises, for the
purpose of such inspection, examination and survey. 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) Occupant to give owner access for repairs or
alterations. Every occupant shall give the owner thereof, or
his agent or employees, access to any part of such dwelling,
or its premises, at all reasonable times for the purpose of
making such repairs or alterations as are necessary to effect
compliance with the provisions of the chapter, or with any
rule or regulations adopted and promulgated, or any order
issued pursuant to the provisions of this chapter."
Section 2. That Section 18-24 of the Salina Code is hereby amended to
read as follows:
"Section 18-24. Notice of violations required.
Except in those instances in which Sections 18-22 or
18-26 is applicable, whenever the building official or his
authorized representative determines that there has been a
violation of any provisions of this chapter or any rule or
regulation adopted pursuant hereto, he shall give notice of
such alleged violation to the person or persons who are or
may be responsible therefor, as enumerated in section
18-25(4)."
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Section 3. That Section 18-25 of the Salina Code is hereby amended to
read as follows:
"Section 18-25. Contents of notice; service
This notice of violation shall:
(1) Be in writing;
(2) Particularize the violations alleged to exist or to
have been committed;
(3) Provide a reasonable time, but not less than ten
(10) days in any event, for the correction of the
violations particularized;
(4) Be addressed to and served upon the owner of the
property, the operator of the dwelling, and the
occupant of the dwelling unit or the rooming unit
concerned, if the occupant is or may be
responsible for violation. Service shall be by
personal service or by registered or certified mail,
return receipt requested, delivered to addressee
only. If service is made by registered or certified
mail, the building official or his authorized
representative shall include in the record a
verified statement giving details regarding the
mailing. If one or more persons to whom the
notice is addressed cannot be found or served
after diligent effort to do so, service may be made
upon such person by posting a notice in a
conspicuous place in or about the dwelling affected
by the notice, in which event the building official
or his authorized representative shall include in
the record a statement as to why such posting was
necessary."
Section 4. That the Salina Code is hereby amended by adding Section
18-22, which shall read as follows:
"Section 18-22. Smoke detectors in case of fire.
Should a fire occur in any dwelling or dwelling unit,
and that dwelling or dwelling unit is found not be be
equipped with approved and operable smoke detectors as
required in this chapter, the owner, the operator, and/or
the occupant, if the occupant is or may be responsible for
the violation, shall be charged with a violation of this
chapter. In addition, the owner, operator, and/or occupant
shall be issued a notice of violation as provided for in
section 18-24 initiating the procedure for correction of the
violation."
Section 5. That the Salina Code is hereby amended by adding Section
18-81, which shall read as follows:
"Section 18-81. Smoke detectors.
(a) Required installation. Every dwelling and dwelling
unit shall be provided with operable smoke detectors
conforming to Uniform Building Code Standard No. 43-6. 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, the detector shall be centrally
located on the ceiling of the main room. Where sleeping
rooms are on an upper level, the detector shall be placed at
the center of the ceiling directly above the stairway. All
detectors shall be located in accordance with approved
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manufacturer's instructions. When activated,
shall provide an alarm in the dwelling unit.
(b) Power source. 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.
(c) Basements. 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."
That the existing Sections 18-23, 18-24, 18-25 of the Salina
Code are hereby repealed.
That this ordinance shall be in full force and effect from
and after its adoption and publication once in the official city newspaper.
rc--
Biles, City Clerk
Introduced:
Passed: August 1, 19;
SOney oderberg, layor