HomeMy WebLinkAboutOrdinance # 1887
ORDINANCE NO. 1887
AN ORDINANCE AMENDING SECTIONS 5-9-1 THROUGH 5-9-5 (SMOKE
DETECTORS REQUIRED FOR ALL RESIDENTIAL STRUCTURES) AND DELETING
SECTIONS 5-9-6 THROUGH 5-9-8 OF SAID ORDINANCE OF THE CANTON
MUNICIPAL CODE
WHEREAS, the Legal and Ordinance Committee has determined that it is necessary and
in the best interests of the citizens of Canton, Illinois to amend Sections 5-9-1 through 5-9-5
(Smoke Detectors Required for All Residential Structures) and delete Sections 5-9-6 through 5-
9-8 of said Ordinance of the Canton Municipal Code, and
WHEREAS, the City Council has made a similar determination.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF CANTON, Fulton County, Illinois, as follows:
That Section 5-9-1 (Smoke Detectors Required) of the Canton Municipal Code
be amended to Section 5-9-1 (Definitions) and as follows:
5-9-1 DEFINITIONS: For the purposes of this Section, the following terms shall have these
meanings:
(A) "Approved smoke detector" or "detector" means a smoke detector of the ionization or
photoelectric type, which complies with all the requirements of the Rules and regulations
of the Illinois State Fire Marshal, including but not limited to:
(a) those designed for the purpose of sensing the presence of visible 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 electrical service which supplies electrical
power to the building where the smoke detector 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."
(B) "Dwelling unit" means a room or suite of rooms used for human habitation, and includes
a single family residence as well as each living unit of a multiple family residence, each
sleeping unit of a dormitory and each living unit in a mixed-use building.
(C) "Hotel" means any building or buildings maintained, advertised, or held out to the public
to be a place where lodging is offered for consideration to travelers and guests. "Hotel"
includes inns, motels, tourist homes or courts, bed and breakfast establishments, boarding
and lodging houses.
(D) "Tenant" means every person who has a possessory interest in but is not an owner of a
dwelling or unit of amulti-family apartment house, a dwelling unit of two (2) family
dwelling unit or a dwelling unit.
2. That Section 5-9-2 (Smoke Detectors Defined) of the Canton Municipal Code
be amended to Section 5-9-2 (Smoke Detectors Required) and as follows:
5-9-2 SMOKE DETECTORS REQUIRED; LOCATION OF DETECTORS: An approved
smoke detector or, where indicated, smoke detectors, shall be installed and located in each of the
following locations within the corporate limits of the City of Canton.
(A) Every dwelling unit, excluding a dormitory, shall be equipped with at least one approved
smoke detector in an operation condition within 15 feet of every room used for sleeping
purposes. Every sleeping unit of a dormitory shall be equipped with one approved smoke
detector in an operation condition within each room. The detector shall be installed on
the ceiling and at least 6 inches from any wall, or on a wall located between 4 and 6
inches from the ceiling.
(B) Every single family residence shall have at least one approved smoke detector installed
on every story of the dwelling unit, including basements but not including unoccupied
attics. In dwelling units with split levels, a smoke detector installed on the upper level
shall suffice for the adjacent lower level if the lower level is less than one full story
below the upper level; however, if there is an intervening door between the adjacent
levels, a smoke detector shall be installed on each level. The detector shall be installed
on the ceiling and at least 6 inches from any way, or on a wall located between 4 and 6
inches from the ceiling.
(C) Every structure which (1) contains more than one dwelling unit, or (2) contains at least
one dwelling unit and is a mixed-use structure, shall contain at least one approved smoke
detector at the uppermost ceiling of each interior stairwell. The detector shall be installed
on the ceiling, at least 6 inches from the wall, or on a wall located between 4 and 6 inches
from the ceiling.
(D) Every hotel shall have at least one approved smoke detector installed in each room. The
detector shall be installed on the ceiling, at least 6 inches from the wall, or on a wall
located within 4 and 6 inches from the ceiling.
In addition, every hotel shall be equipped with operational portable smoke-detecting
alarm devices for the deaf and hearing impaired of audible and visual design, available
for units of occupancy.
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Specialized smoke-detectors for the deaf and hearing impaired shall be available upon
request by guests in such hotels at a rate of at least one such smoke detector per 75
occupancy units or portions thereof, not to exceed 5 such smoke detectors per hotel.
Incorporation or connection into an existing interior alarm system, so as to be capable of
being activated by the system, may be utilized in lieu of the portable alarms.
Operators of any hotel shall post conspicuously at the main desk a permanent notice, in
letters at least 3 inches in height, stating that smoke detector alarm devices for the deaf
and hearing impaired are available. The proprietor may require a refundable deposit for a
portable smoke detector not to exceed the cost of the detector.
3. That Section 5-9-3 (Tenant Defined) of the Canton Municipal Code be
amended to Section 5-9-3 (Responsibility for Installation and Maintenance)
and as follows:
5-9-3 RESPONSIBILITY FOR INSTALLATION AND MAINTENANCE
(A) It shall be the responsibility of the owner of a structure to supply and install all required
detectors. The owner shall be responsible for making reasonable efforts to test and
maintain detectors in common stairwells and hallways. It shall be the responsibility of a
tenant to test and to provide general maintenance for the detectors within the tenant's
dwelling unit or rooming unit, and to notify the owner or the authorized agent of the
owner in writing of any deficiencies which the tenant cannot correct. The owner shall be
responsible for providing one tenant per dwelling unit with written information regarding
detector testing and maintenance.
The tenant shall be responsible for replacement of any required batteries in the smoke
detectors in the tenant's dwelling unit, except that the owner shall ensure that such
batteries are in operating condition at the time the tenant takes possession of the dwelling
unit. The tenant shall provide the owner or the authorized agent of the owner with access
to the dwelling unit to correct any deficiencies in the smoke detector which have been
reported in writing to the owner or the authorized agent on the owner.
(B) The requirements of this Section shall apply to any dwelling unit in existence on July 1,
1988, beginning on that date. Except as provided in subsections (C) and (D), the smoke
detectors required in such dwelling units may be either battery powered or wired into the
structure's AC power line, and need not be interconnected.
(C) In the case of any dwelling unit that is newly constructed, reconstructed, or substantially
remodeled after December 31, 1987, the requirements of this Section shall apply
beginning on the first day of occupancy of the dwelling unit after such construction,
reconstruction or substantial remodeling. The smoke detectors required in such dwelling
unit shall be permanently wired into the structure's AC power line, and if more than one
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detector is required to be installed within the dwelling unit, the detectors shall be wired so
that the actuation of one detector will actuate all the detectors in the dwelling unit.
(D) Compliance with an applicable federal, State or local law or building code which
requires the installation and maintenance of smoke detectors in a manner different from
this Section, but providing a level of safety for occupants which is equal to or greater
than that provide by this Section, shall be deemed to be in compliance with this Section,
and the requirements of such more stringent law or code shall govern over the
requirements of this Section.
4. That Section 5-9-4 (Buildings Where Smoke Detectors Required) of the
Canton Municipal Code be amended to Section 5-9-14 (Penalty) and as
follows:
5-9-4 PENALTY
(A) Willful failure to install or maintain in operating condition any smoke detector required
by this Act shall be fined a minimum of twenty-five dollars ($25.00) but not more than
two hundred dollars ($200.00) for each occurrence. For purposes of this Chapter, each
day, in portion thereof, during which a violation is found to exist shall be a separate
offense.
(B) Tampering with, removing, destroying, disconnecting or removing the batteries from any
installed smoke detector, except in the course of inspection, maintenance or replacement
of the detector, shall be fined a minimum of twenty-five dollars ($25.00) but not more
than two hundred dollars ($200.00) for each occurrence. For purposes of this Chapter,
each day, in a portion thereof, during which a violation is found to exist shall be a
separate offense.
5. That Section 5-9-5 (Location of Smoke Detector Within Building) of the
Canton Municipal Code be amended to Section 5-9-5 (Penalty) and as follows:
5-9-5 MORATORIUM ON IMPOSITION OF FINES AUTHORIZED
The City Council may in its discretion authorize a moratorium of fines for violation of
the requirements imposed by Section 5-9-7. The enaction of a moratorium on the
imposition of fines for violation of Section 5-9-7 shall not be construed to eliminate or
diminish the responsibility imposed upon owners and tenants pursuant to Section 5-9-7.
The existence of such a moratorium is an affirmative defense which must be pleaded and
proved by the alleged violator in order to avoid the imposition of a fine. (Ord. 1098,
1986)
6. That Section 5-9-6 (Responsibility for Installation and Maintenance) of the
Canton Municipal Code be deleted.
7. That Section 5-9-7 (Penalty) of the Canton Municipal Code be deleted.
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g. That Section 5-9-8 (Moratorium on Imposition of Fines Authorized) of the
Canton Municipal Code be deleted.
PASSED by the City Council of the City of Canton, Fulton County, Illinois at a regular meeting
this 7th day of Novanber , 2006 upon a roll call vote as follows:
AYES: Schenck ~ Ca.r1, ?Keade , °arff , West , Hartford , Berardi .
(Aldern~an Reed resigned .
NAYS: None.
ABSENT: None.
APPROVED:
Rodney W. Heinze, Mayor
ATTEST:
V lil..'
Nancy White City Clerk
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