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88-9262 Housing1 1 1 (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)." 1 1 1 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 1 1 1 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