§ 13-18. Smoke detectors in hotels.

(a)

Definitions. As used in this section, the following terms shall have the meanings given them in this paragraph:

(1)

Hotel means a building in which members of the public obtain sleeping accommodations for consideration. The term includes a hotel, motel, tourist home, tourist house, tourist court, hostel, lodging house, rooming house, or inn. The term does not include:

a.

A hospital, sanitarium, or nursing home; or

b.

A building in which all or substantially all of the occupants have the right to use or possess their sleeping accommodations for at least twenty-eight (28) consecutive days.

(2)

Person has the meaning that is given to that term by Section 1.07 of the Penal Code.

(3)

Smoke detector means a device that is:

a.

Designed to detect the presence of visible or invisible products of combustion in the air;

b.

Designed with an alarm audible throughout the room in which it is installed to alert the occupants of the room of the presence of visible or invisible products of combustion in the air of the room; and

c.

Listed for use as a smoke detector by the city fire marshal after having been tested and shown to be effective as a smoke detector by the city fire marshal or by a testing laboratory under conditions and procedures approved by the city fire marshal. In lieu of or in addition to the requirement of this subsection, the city fire marshal may substitute or use a list of devices that comply with standards of manufacture and installation adopted by the state board of insurance pursuant to Article 5.43-2 of the Insurance Code.

(b)

Offenses and penalty for violation. A person who operates a hotel commits an offense if the person does not maintain a smoke detector in good working order in every room of the hotel that is regularly used for sleeping.

A person commits a separate offense under this section on each calendar day the person commits the offense.

Any person, firm or corporation violating any of the provisions of this section shall be deemed guilty of a misdemeanor and upon conviction in the municipal court shall be subject to a fine not to exceed one thousand dollars ($1,000.00) for each offense, and each and every day such violation continues, it shall constitute a separate offense.

(Ord. No. O-83-70, §§ 1, 2, 11-17-83)

Editor's note

Ord. No. O-83-70, adopted Nov. 17, 1983, amended Ch. 13, but did not specify the exact manner of that amendment. At the editor's discretion, therefore, §§ 1 and 2 of Ord. No. O-83-70 have been codified as § 13-18.

Cross reference

Smoke detectors in rental units, § 13-36 et seq.