Daly City Municipal Code Ch. 15.46 Fire Warning Systems

For use in this chapter, the following words and phrases are defined:

A. "Multifamily unit" is defined as any residential building containing three or more units.

B. "Occupant" may be the owner or any other person who has the right to reside in and upon the property.

C. "Owner" means the person who is listed on the county assessor's rolls as the owner of the property.

D. "Person" means any person, firm, association, organization, partnership, business trust, corporation or company.

E. "Residence" means any single-family dwelling, single-family dwelling with a secondary unit, a duplex, multiple-family dwelling, lodginghouse, motel, rest home, boardinghouse, or mobile home.

F. "Residential unit" means a dwelling unit occupied by one or more persons for living purposes.

G. "Smoke detector" is an approved detector which senses visible or invisible particles of combustion. The detector shall bear a label or other identification issued by an approved testing agency having a service for inspection of materials and workmanship at the factory during fabrication and assembly.

(Ord. 1002 § 2 (part), 1983: Ord. 989 § 1 (part), 1983)

It is unlawful for any owner of real property to sell, transfer, assign, lease or rent said residence, or residential unit, or obtain a building permit for work and/or materials in the amount of one thousand dollars or more, or any entitlement from the city without providing a smoke detector in and about the premises of the real property.

(Ord. 1002 § 2 (part), 1983: Ord. 989 § 1 (part), 1983)

In all multifamily units, a smoke detector shall be installed by January 1, 1986, if not installed prior to that date.

(Ord. 1002 § 2 (part), 1983: Ord. 989 § 1 (part), 1983)

Every smoke detector required under this chapter shall be deemed to be a fixture for the purpose of transfer of title to real property.

(Ord. 1002 § 2 (part), 1983: Ord. 989 § 1 (part), 1983)

All smoke detectors shall be located and installed according to the requirements of the latest edition of the Uniform Building Code in effect on the date of the installation thereof.

(Ord. 1002 § 2 (part), 1983: Ord. 989 § 1 (part), 1983)

The owner of any residential unit or residential property shall be entitled to replace any smoke detector required by this chapter with another smoke detector which conforms to the requirements of this chapter and the Uniform Building Code in effect at the time such replacement is installed.

(Ord. 1002 § 2 (part), 1983: Ord. 989 § 1 (part), 1983)

A. Residence. The owner of any residence shall have the obligation to install smoke detectors as required by this chapter and to ensure that said smoke detector(s) are maintained in proper working order at all times during which said owner is in possession of the dwelling unit and at the time said owner offers to rent, lease or let for use such dwelling unit to any other person. Thereafter, any person or persons to whom said dwelling unit is rented, leased or let shall be required to maintain said smoke detector(s) in proper working order.

B. Responsibility. Nothing in this provision shall preclude a rental or lease agreement from providing that a tenant has the responsibility for repair or maintenance; however, such provision notwithstanding, the owner shall be responsible to ensure compliance with this provision.

(Ord. 1002 § 2 (part), 1983: Ord. 989 § 1 (part), 1983)

Any property owner or his/her authorized agent offering to rent, lease or let residential property subject to the provisions of this chapter shall give notice of the requirements of Section 15.46.060 to the tenant prior to occupancy. The giving of such notice shall not relieve the property owner from compliance with the requirements of this section.

(Ord. 1002 § 2 (part), 1983: Ord. 989 § 1 (part), 1983)

Nothing in the provisions of this chapter shall be construed to require any agency of the city to conduct any inspection of the smoke detectors herein required nor shall any actual inspections made imply a duty to inspect other detectors. Furthermore, this section shall not be construed to hold the city or any officer, employee or representative of the city responsible for any damage to persons or property by reason of making an inadequate or negligent inspection or by reason of any failure to make an inspection or reinspection.

(Ord. 1002 § 2 (part), 1983: Ord. 989 § 1 (part), 1983)