19810721 1981-13Ordinance No. 1981-13
AN ORDINANCE AMENDING CHAPTER FIVE
OF THE CODE OF THE CITY OF FAIRFAX, VIRGINIA
TO ADD A NEW ARTICLE VIII.
BE IT ORDAINED by the City Council of the City of
Fairfax, Virginia, that Chapter Five of the Code of the City of
Fairfax, Virginia, be and is hereby amended to add a new
Article as follows:
"Article VIII. Smoke Detectors.
Sec. 5-135. Definitions ·
For the purposes of this Article, the following
definitions shall apply.
(a) Smoke detector. A mechanical device
capable of sensing visible or invisible products
of combustion and which sounds an audible alarm
upon such detection. Such a device may be
powered by alternating current or by battery.
(b) Owner. One or more persons, jointly
or severally, in whom is vested:
(1) All or part of the legal title to
the property; or
(2) All or part of the beneficial
ownership and a right to present use and
enjoyment of the premises. The term shal 1
include a mortgagee only when in possession.
(c) Dwel lin~ unit. A single unit
providing complete independent living facilities
for one or more persons including permanent
provisions for living, sleeping, eating, cooking
and sanitation.
Sec. 5-136.
(a)
the following structures:
Instal lation requirements.
Smoke detectors shall be installed in
reside nt ial
more dwel ling
( 1 ) Multi-family
buildings containing four or
units;
( 2 ) Hotels or motels providing
overnight sleeping accommodations to one or more
persons;
( 3 ) Rooming houses, group homes,
dormitories and other public lodgings containing
more than four rooms for sleeping purposes and
regularly used to provide overnight sleeping
ac commoda t ions.
(b) All smoke detectors installed must be
capable of sensing visible or invisible products
of combustion and must have an operating audible
alarm.
(c) All smoke detectors shall be installed
in accordance with this Chapter and shall be
placed in locations specified in the applicable
section ef the Virginia Uniform Statewide
Building Code.
Sec. 5-137. Responsibilities in multi-family residential
buildings.
(a) The owner, or the agent of the owner,
of a multi-family residential building
containing four or more dwelling units shall
provide smoke detectors, as required by Section
5-136, in enclosed hal lways, s tairwe 1 ls and
other enclosed public or common areas and shall
maintain such smoke detectors in good working
order.
(b) The owner, or the agent of the owner,
of a dwelling unit which is rented or leased in
a multi-family residential building containing
four or more dwelling units, shall furnish the
tenant at the beginning of each tenancy, and at
least annual ly thereafter, with a written
certificate that all smoke detectors required by
Section 5-136 are present, have been inspected
and are in good working order.
(c) The tenant shall be responsible for
reasonable care of the smoke detector in
accordance with Section 55-248.16, Code of
Virginia, for interim testing thereof, and for
providing written notice to the owner requesting
immedi ate repa ir of any ma 1 fu nct ioning smoke
detector. In accordance with Section 55-248.13,
Code of Virginia, the owner shall be obligated
'to provide and pay for service, repair or
replacement of any malfunctioning smoke
detectors. Such service, repair or replacement
must occur within five days of receipt of
written notice from the tenant that a smoke
detector is in need of service, repair or
replacement.
(d) The owner, or the agent of the owner,
of a dwelling unit which is rented or leased in
a multi-family residential building containing
four or more dwel ling units, shal 1 provide
written notification to the tenant of the
responsibilities and duties imposed by
subsection (c) of this Section.
Sec. 5-138. Enforcement.
The building official, or his duly authorized
representative, shall administer and enforce this
Article.
Nothing in this Article shall excuse any owner
or exempt any building from compliance with other
applicable provisions of this Chapter or any other
Chapter.
Sec. 5-139. Penalties.
Any violation of this Article shall be deemed to
be a misdemeanor as provided by Section 36-106, Code
of Virginia, or any amendments thereto.
Sec. 5-140. Effective Date.
This Article shall become effective January 1,
1982."
Introduced: July 7, 1981
Adopt ed:
July 21, 1981 ·
ATTEST: