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Home My WebLink AboutOrdinance #1098ORDINANCE N0. 1098 AN ORDIlVANCE AN~NDING TITLE 5 OF THE CAN'I1~N MUNICIPAL CODE BY ADDING THERETO THE FOLIAWIlQG .CHAP'T'ER 9 RELATING 'In THE INSTALLATION OF SMOKE DET'ECT'ORS IN RESIDENTIAL STRUCTURES. Wf~REP,S, the City of Canton Fire Code presently does not require the installation of smoke detectors in residential structures; and, WHII2EAS, statistics compiled by nationally recognized organizations in the field of fire prevention and fire protection demonstrate that the installa- tion of operable smoke detectors in buildings used for residential purposes substantially decreases the probability of loss of life or injury in the event that a fire occurs; and, W~f~REA.S, the installation of smoke detectors in residential structures will often result in the earlier detection of fire and consequently reduce the amount of damage caused to the involved structure, reduce the risk of damage to adjoining structures, reduce the risk of injury to neighboring property owners and reduce the risk of injury to fire fighters who respond for the purpose of extinguishing the fire; and, Wf~REAS, the cost of installing Broke detectors is usually offset by reductions in insurance premiums paid by the owner of the structure in which the smoke detec- tor is located; and, ' Wf~REAS, a requirement that smoke detectors be installed in all existing residential dwelling units will unquestionably promote the health, safety and welfare of the City of Canton and its citizens and is in the best interest of the City of Canton. NOW, THEREFORE, BE IT ORDAIlVID BY THE CITY COUNCIL OF THE CITY OF CANi~ON, Fulton County, Illinois, as follows: 1. That the foregoing recitals are hereby found to be fact and are herein fully incorporated by reference. 2. That Title 5 of the Canton Municipal Code is hereby amended by adding. thereto the following Chapter 9: Chapter 9 "SMOKE DETECTORS REQUIRID FOR ALL RESIDEN'TIAI~ STRUCTURES 5-~-1: SMOKE DETEGI'ORS REQUIRID: Smoke detectors are required to be placed in all residential structures located within the corporate limits of the City of Canton. 5-9-2: SMOKE DETECTOR DEFINID: For purposes of this Section, a smoke detector is defined as a device which: a. Is designed for the purpose of sensing the presence of visable or invisible particles or products of combustion; and, b. Which emits a loud, audible alarm when visible or invisible products or particles of combustion are sensed; and, c. Is powered either by battery or by the electrical service which supplies electrical power to the building where the smoke detec- tor is located; and, d. Is listed by Underwriters Laboratories, Inc., 333 Pfingsten Road, Northbrook, Illinois as complying with Underwriters Laboratories Standard No. 217 and bears the mark "UL". 5-9-3: TE[~NT DEFINED: Every person who has a possessory interest in but is not an owner of a dwelling unit of a multi-family apartment house, a dwelling unit of a two family dwelling unit or a one family dwelling. 5-9-4: BUILDINGS Wf~RE SMOKE DETDCTORS REQUIRID: A smoke detector shall be installed and located in each of the following locations within the City of Canton: a. .:In each sleeping room of every boarding house. b. In each sleeping room of every dormitory. c. In each guest or sleeping roam of every hotel. d. In each dwelling unit of every multi-family apartment house. e. In each one family dwelling. f. In each dwelling unitof every two family dwelling. 5-9-5: LOCATION OF RE~UIRID SMOKE DETECTOR WITfiIN BUILDING: Detectors required under provisions of this Section shall be mounted either on a ceiling or on a wall within twelve (12) inches of but no`elbser than six (6) inches to the ceiling. Within the dwelling units of multi-family apartment .houses, one family dwellings or two family dwellings, smoke detectors shall be located in hall areas giving access to rooms used for sleeping but remotely from any cooking area. 5-9-6: RESPONSIBILITY FOR INSTALLATION AND MAINTF'L~1NCE; The owner of the building where a smoke detector(s) are required by this Section to be installed shall install each and every smoke detector required by this Section and, in addition, shall continuously maintain every required smoke detector in an operable condition. When a tenant occupies either a dwelling unit of a multi-family apartment house, a one family dwelling or a dwelling unit of a two family dwelling, the tenant is responsible for notifying the owner in writing within forty-eight (48) hours in the event any smoke detector installed within the .dwelling unit which he occupies becomes inopearable or appears to be inoperable. 5-9-7: PENI~ILTY: Any person, partnership, corporation, association, or any other legal entity found guilty of violating any provision of this ordinance shall, for each such occurrence or violation, be fined,~a minimum of $25.00 but not more than $200,00 for each occurrence. For purposes of this ordinance, each day, or portion thereof, during which a violation is found to exist shall be a separate offense. 9-9-8: MORATORIL~I ON IMPOSITION OF F]NES AUTHORIZID: The City Council may in its discretion authorize a moratorium of fines for violation of the requirements imposed by Section. 7. The enaction of a moratorium on the imposition of fines for violation of Section 7 shall not be construed to eliminate or diminish the responsibility imposed upon owners and tenants pursuant. to Section 7. The existence of such a moratorium is an affirmative defense which must be pleaded and proved by the alleged violator in order to avid the.::in~position of a fine." 3. That this Ordinance shall be in full force and effect ten (10) days after its passage by the City Council of the City of Canton, Fulton County, Illinois, approval by the Mayor thereof, and publication in pamphlet form as provided by law. 4. That the City Clerk shall cause a certified copy of this Ordinance to be published in pamphlet form as provided by law. 5. That all ordinances, resolutions, or portions thereof, in conflict herewith are, to the extent of such conflict, hereby repealed. PASSID by the City Council of the City of Canton, Fulton County, Illinois at a regular meeting this day of , 1986, upon a roll call vote as follows: '~~ :? r' AYES: ,~ ~_,_ ~~ti ..~ ~~- ~~ NAYS: c.~ ABSENT: APPROVED: Wald E. ds, Mayor ATTEST: i'.e / ~'. ~fl,"I1,r _.5{Fw,~~~b'J p, il'~W~G IM~t~®tlBte9 ...m'""',..~^^"' N - it~es, ity Cl~xk ~.,~,~„~.a.-r;,~,°._ ~.y~_,. ~i ~;=u net ,~w~i3iisi~ ;',~'~atsh in pa~i~htet #orrn only ~:~:--~ y ^ Fubii~h in e ~,~n~:~al ci~~ce~6ation newspaper Z2 ,~°°.~""_ pate City Att CITY OF CANTON U'tllI.ANCE N0. 109$ ADOPTED BY THE CITY COUNCIL OF THE CITY OF CANTON THIS 21st DAY OF January, 1986. Published in pamphlet orn by authority of the City Council of t'r_e City of Canton, Fulton County, Illinois, this ~5fih day of ,TanLa~y , 19 86 ' STATE OF ILLINOIS, ) SS. COL'S?TY OF FULTON . ) I, the undersigned, ce-~?fy that I am the duly elected and acting City Clerk of the City of Canton, Fulton County, Illinois. I further certify that o~ January 21st 19 86 , the Corporate Authorities of the aforesaid :-~unicipality passed and apppproved the afore- said Ordinance No. 1098 entitled AN ORDINANCE AMENDING TITLE 5 OF THE CANTON MUNICIPAL ADDING THE. - w:~ich provided by its ~er-s ~ba~ it should be publis~zed in r aaphi~s fog. The pamphlet form of t^~e aforesaid Ordinance No. 1098 including the Ordinance and a cover sh~e~ thereof was prepared, and a cony of sLCh Ordinance c~as posted in t'_:a City Building, 210 E. Chestnut Street, Carton, Illinois, commencing on January 21st , 19 86 and continuing for at least ten (10) days there=~ter. Copies o~ such Ordinance were also available for public i:~spec~.i on upon request in the Office of the Cit} Clergy:. DATED at Canton, Illir_oi s this ~~ day of ~anuarT 19~_. /~ ~ !.~- j s Ci.y 'lerk. (S EAL)