An ordinance of the City of Bay City, Michigan providing that the code of ordinances City of Bay City, Michigan be amended by revising existing provisions for the installation, maintenance and use of fire and smoke warning systems and detectors and to provide penalties for the violation of said ordinance.

Be it ordained by the City of Bay City:

That Article IV of Chapter 19 of the code of Ordinances, entitled "Smoke Detector" be amended to read as follows:

Sec.  19-56.  Definitions.

For the purposes of this Article, the following definitions shall

apply:

(a): Approved Smoke Detector:  is a sensing device which detects smoke or visible or invisible particles of combustion which:

(i) Shall bear a label or other identification issued by an approved testing agency having service for inspection of materials and workmanship at the factory during fabrication and assembly; and such device, combination of devices and equipment shall be approved and installed for the purposes for which they are intended; and

(ii) Shall in the case of AC powered detectors be equipped with a "power on" visible indicator; and where a battery power supply is employed, all power requirements shall be met for at least one year's life including routine testing and an audible trouble signal shall be given before the battery is incapable of operating the device for alarm purposes; and

(iii) Shall sound an alarm signal easily audible in each sleeping area with a rating of not less than 85 decibels at 10 feet.

(b) "Approved Smoke Detector System" is a connection and interrelated combination of "Approved Smoke Detectors", which system shall sound an audible alarm signal throughout the entire system on activation of any on of the said "Approved Smoke Detectors".

(c) "Hotel" is a building in which rooms are rented or non-transient basis, with accommodations for more than 15 units or "Apartment Buildings" and "Multi-Family Buildings" more than

three (3) stories in height.

(d) "Apartment Building" is a building which rooms are rented on a transient or non-transient basis, with accommodations for more than 5 but less than 16 units.

(e) "Multi-Family Building" is a building in which rooms are rented on a transient or non-transient basis, with accommodations for more than one but less than six units.

(f) "Single Family Dwelling" is a building designed and used for single family occupancy.

(g) "Sleeping Area: is the area or areas of a building in which the bedrooms or sleeping areas are located. Bedrooms or sleeping areas located adjacent to each other where one approved smoke detector system shall be deemed to be effective by the enforcement officer shall be considered to be one "Sleeping Area". Bedrooms or sleeping area separated by other areas such as kitchens, living rooms, family rooms, recreation rooms, parlors but not bathrooms shall be considered as separate "Sleeping Areas".

(h) "Dead Air" is that space located at the corner of a room where the ceiling and wall meet and into which smoke or heat may have difficulty penetrating.

(i) "Sale" shall include the sale, change in occupancy, a change in use, lease, sub-lease or the occurrence of structural change, repair or improvement to a building of a value in excess of $1,000.00; but an improvement shall not include floor covering, draperies and paintings.

Sec. 19-57.  Violation of Ordinance.

No person shall sell, within the meaning of Sec. 1956(i) any hotel, apartment building, multi-family dwelling, as defined in Sec. 1956(c) (d) (e) (f), without first complying with the provisions of this ordinance, and upon conviction of a violation hereof, shall be subject to the penalties of Sec. 17 of this Code of Ordinances.

Sec.  19-58.  Hotel Requirements.

In all hotels, approved smoke detection systems shall be installed in all corridors and hallways in accordance with the applicable sections of the National Fire Protection Association (NFPA) Standard No. 72A-1975, 72B-1975, 72C-1975, 72 D-1975 and 72E-1975 and also in accordance with the applicable section of the NFPA Standard No. 74-1975, "Standard for the Installation, Maintenance and Use of Household Fire Warning Equipment" shall be approved by the Fire Department or agency designated for the inspection of smoke alarms; and in addition to the requirements of Section 1956(b), such system shall transmit an alarm directly to the Fire Department or other agency designated to receive such alarms for said department and shall be installed  in accordance with the aforementioned NFPA Standards.

Sec. 19-59.  Apartment Building Requirements.

In all apartment buildings, approved smoke detection systems shall be installed in all corridors and hallways in accordance with the applicable section of NFPA Standard No. 72E and NFPA No. 74; and shall be approved by the fire department or agency designated for the inspection of smoke alarms.

Sec. 19-60. Multi-Family Building Requirements.

In all multi-family buildings, approved smoke detectors shall be installed in each unit in an area giving access to each "Sleeping Area".

Sec.  19-61. Single Family Dwelling Requirements.

In all single family dwellings, not less than one approved smoke detector shall be installed in an area giving access to each "Sleeping Area".

Sec.  19-62. Location.

Smoke detectors shall not be placed in "Dead Air" spaces, and shall be located on the ceiling no nearer than 6 inches from the wall or on walls no nearer than 6 inches nor further than 12 inches from the ceiling (NPFA No. 74, Appendix B).

Sec.  19-63. Wiring.

For electrically powered devices, an AC primary power source shall be utilized on all new construction pursuant to the provisions of the National Electrical Code. In an existing "Single Family Dwelling", or "Multi-Family Building" said detectors may be powered by a battery, as defined in Sec. 1956(a) and all applicable sections of NFPA No. 74, or may be powered by a cord-connected, AC power source, provided however, the plug-in outlet is fitted with a plug restrainer device and the receptacle is not subject to loss of power by a wall switch.

In an existing "Apartment Building" or "Hotel", said detectors shall be connected to a commercial light or power service directly (hard wired) on the line side of the service main and ahead of all disconnecting means (NFPA No. 72C, Article 220, "power Supply Sources"). The installation or wiring and equipment shall be in accordance with Article 760, "Fire Protection Signaling Systems" of the National Electrical Code, NFPA No. 70-1975.

Sec.  19-64. Testing and Maintenance.

It shall be the responsibility of the owner of any building included within the terms of this ordinance to maintain each smoke detector in a reliable operating condition and make inspections and tests at intervals of not less than once every three months to insure that each smoke detector is in proper working condition.

In the case of a rental "Single Family Dwelling "or "Multi-Family Building", it shall be the owner's or his designated agent's responsibility to keep a log of the dates of routine inspections and test of all battery powered smoke detectors; and at the request at any time of the Fire Department or other designated agency surrender the original log for their review.

Sec.  19-65. Enforcement.

Primary jurisdiction to enforce this Article shall be vested in the Fire Chief, or his designated agency, in the case of "Hotels" and "Apartment Buildings", the Housing Department in the case of "Multi-Family" and "Rental" Buildings and the Building Department in the case of "Single Family Dwelling", provided however, this section shall not be interpreted so as to prevent any enforcement officer from enforcing the terms of this ordinance.