Evansville Municipal Code
15.15.340 Smoke detectors.
(A) General – Installation. Every dwelling unit shall be equipped with a minimum of one smoke detector installed in accordance with the following:
(1) Existing operable smoke detectors, the installation of which conformed to State building and electrical codes at the time of their installation; or
(2) Installation of a smoke detector shall meet the criteria of the Indiana Building Code and the Indiana One- and Two-Family Dwelling Code but in no event more than 15 feet from the bedroom or sleeping area.
(3) At least one smoke detector shall be installed on each story.
(B) Power Source. Each smoke detector shall be Underwriters Laboratories, Inc. (UL) approved unless installed prior to the effective date of the ordinance codified in this chapter and otherwise in compliance with State building and electrical codes at the time of installation, and shall produce an alarm signal upon detection of any visible or invisible particles of combustion. Each smoke detector shall be either battery-powered with a minimum of nine volts, or powered by a 110-volt alternating unswitched current, or industry equivalent as future technology develops.
(C) Responsibility. An owner of a dwelling unit shall provide an operable smoke detector or smoke detectors as are required herein in each dwelling unit before such dwelling unit is occupied as a dwelling unit by any person. If the premises are leased, the tenant shall be responsible for maintaining any battery necessary for operation of the smoke detector.
(D) Testing. The occupant of a dwelling unit shall test each smoke detector at least annually to ensure its operation. If an occupant discovers a malfunctioning unit, and is not the owner of said unit, the occupant shall notify the owner within 48 hours by certified mail of the malfunction. Upon notification, the owner shall repair the malfunction within 72 hours, unless the malfunction is due to battery maintenance which is the responsibility of the tenant.
(E) Battery Maintenance. The occupant of a dwelling unit shall ensure that an operable battery is maintained in each battery-operated smoke detector during his occupancy of the dwelling unit.
(F) Smoke Detector Maintenance. If the owner does not occupy a dwelling unit, the owner of the dwelling unit shall maintain each smoke detector, except for the battery, after others occupy the dwelling unit. The owner of each battery-powered smoke detector shall supply an operable battery before any person occupies a dwelling unit as a dwelling unit.
(G) Relief from Responsibility. Nothing herein shall prevent the owner from assuming greater responsibilities for maintenance, but the occupant shall not be relieved of his responsibilities under this section by such actions of the owner.
(H) Enforcement. The Fire Chief or his designee, the Building Commissioner or his designee, the Chief Administrative Officer or his designee may enforce this section and any other person duly designated by the Mayor.
(I) Violation. Any person who violates the provisions of this section shall be subject to a fine of $100.00 for each violation, and each day of noncompliance shall be a separate violation. Any person who intentionally disables a smoke detector shall be subject to a minimum fine of $200.00 for each violation. Additionally, any person who violates the provisions of this section shall be subject to any and all remedies allowed by law for enforcement of ordinances. [Ord. G-2008-29 § 16, passed 12-10-08. 1983 Code § 15.150.208.]