Pacifica Municipal Code Ch. 13 Fire Detection Systems

Every dwelling unit, including single-family dwellings, mobile homes, multiple-family dwellings, and all buildings or dwellings subject to the provisions of Title 8 of this Code, shall provide and maintain smoke detectors pursuant to the requirements and standards contained in said Title 8.

(§ 1, Ord. 363-C.S., eff. March 16, 1983)

Nothing in this chapter shall preclude the owner of any dwelling unit from replacing any smoke detector required by this chapter with another smoke detector which conforms to the requirements of the Uniform Building Code Edition in effect at the time such replacement is installed.

(§ 1, Ord. 363-C.S., eff. March 16, 1983)

Every smoke detector required by this chapter shall be deemed to be a fixture for the purposes of transfers of titles to real property.

(§ 1, Ord. 363-C.S., eff. March 16, 1983)

(a) Single-family and duplex dwellings and mobile homes. The owner-occupier of any single-family or duplex dwelling or mobile home who has the obligation to install smoke detectors as required by this chapter shall ensure that such smoke detectors are maintained in proper working order at all times.

(b) Rental dwellings. Every smoke detector required by this chapter for any rental dwelling, including single-family and duplex dwellings, mobile homes, and multiple-family homes, shall be maintained in operable condition by the owner of the dwelling unit. In dwelling units which are rented, leased, or otherwise let for use, the owner shall ensure that all required smoke detectors are installed and that all smoke detectors in the dwelling unit are in proper working order each time an occupant takes possession. After the occupant takes possession, it shall be the duty of the occupant to regularly test all smoke detectors located in the dwelling unit, and the occupant shall notify the owner immediately in writing of any problem, defect, malfunction, or failure of any such smoke detector. Upon such notification by the occupant that a smoke detector in a dwelling unit is not in proper working order, the owner shall have such smoke detector repaired or replaced within seven (7) days.

(c) Responsibility of tenants. Nothing in this section 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 section.

(§ 1, Ord. 363-C.S., eff. March 16, 1983)

Any property owner or his or 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 this chapter to the tenant prior to occupancy. The giving of such notice shall not relieve the property owner from compliance with the requirements of this chapter.

(§ 1, Ord. 363-C.S., eff. March 16, 1983)

All existing single-family, duplex, and multiple- dwelling units and mobile homes not required to be provided with smoke detectors under laws preexisting this chapter shall have until July 1, 1984, to install smoke detectors in conformity with the provisions of this chapter.

(§ 1, Ord. 363-C.S., eff. March 16, 1983)

Nothing in this chapter shall be construed to require any agency of the City to conduct any inspection of the smoke detectors required by this chapter, nor shall any actual inspection made imply a duty to inspect other detectors. Furthermore, this chapter 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 any inspection or reinspection.

(§ 1, Ord. 363-C.S., eff. March 16, 1983)

A civil action against a property owner or tenant may be instituted by the City, a buyer, a renter, or other aggrieved party to obtain damages and/or require compliance with the requirements of this chapter. Damages shall include actual damages, costs, attorneys' fees, and a civil penalty of Four Hundred and no/100ths ($400.00) Dollars in addition thereto. Nothing in this section shall be construed to limit any other right or remedy otherwise available in law to any party.

(§ 1, Ord. 363-C.S., eff. March 16, 1983)