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SMOKE DETECTORS, SMOKE ALARMS, AND CARBON MONOXIDE ALARMS

Codified Ordinances of Cleveland pt. THREE, pt. IIID, tit. XI, ch. 392
in effect

Codified Ordinances of Cleveland § 392.01 Definitions

§ 392.01 Definitions As used in this chapter: (a) "Carbon monoxide alarm" means an approved device which detects the invisible gas known as carbon monoxide and which emits an audible signal indicating the presence of unhealthy or lethal levels of carbon monoxide, or both an audible and a visual signal indicating the presence of unhealthy or lethal levels of carbon monoxide. (b) "Hearing impaired" means a hearing problem impairing the ability to be awakened by a standard smoke detector or carbon monoxide alarm whether or not wearing a hearing aid. (c) "Multiple-station smoke alarm" means two (2) or more single-station alarm devices that are capable of interconnection such that actuation of one (1) causes the appropriate alarm signal to operate in all interconnected alarms. (d) "Occupant" means a person over one (1) year of age, living, sleeping, cooking or eating in, or having actual possession of a dwelling unit or room used for room occupancy. (e) "Owner" means the owner or owners of the premises, a vendee in possession, a mortgagee or receiver in possession, a lessee or joint lessees of the whole thereof, or an agent as any other person, firm or corporation directly in control of the premises or having a legal or equitable interest in the property. (f) "Single-station smoke alarm" means an assembly incorporating the detector, the control equipment and the alarm-sounding device in one (1) unit, operated from a power supply either in the unit or obtained at the point of installation. (g) "Sleeping area" means an area of a dwelling containing bedrooms which are separated from each other by no use area other than a bathroom. (i) "Smoke alarm" means a single- or multiple-station alarm responsive to smoke. (j) "Smoke detector" means a listed device that senses visible or invisible particles of combustion. (Ord. No. 1528-15. Passed 5-9-16, eff. 5-10-16)

Codified Ordinances of Cleveland § 392.02 Smoke Detection and Alarm Systems - Installation Required

§ 392.02 Smoke Detection and Alarm Systems - Installation Required (a) The Ohio Fire Code at OAC 1301:7-7-09 "Fire Protection Systems" effective, November 10, 2011, and as amended, is adopted and incorporated by the City of Cleveland as if fully set out in this section. Owners of each new and existing building or structure shall install smoke alarms and smoke detectors as required by OAC 1301:7-7-09. (b) Any battery-operated smoke detector or smoke alarm that is replaced with a battery-operated smoke detector or smoke alarm shall be replaced with a smoke-detector or smoke alarm that is equipped with a sealed, tamper-proof battery with a service life of not less than ten (10) years. (c) Existing battery operated smoke detectors or smoke alarms shall be removed from service and replaced when they have been in service for a period of ten (10) years. (Ord. No. 1528-15. Passed 5-9-16, eff. 5-10-16)

Codified Ordinances of Cleveland § 392.03 Testing, Inspection, and Notification

§ 392.03 Testing, Inspection, and Notification (a) Testing and inspection of smoke alarms, smoke detectors, and carbon monoxide alarms in each dwelling unit shall be performed by the occupant not less than once a week. The owner shall provide the occupant with printed information as to proper testing of smoke alarms, smoke detectors, and carbon monoxide alarms within the dwelling unit. If testing or inspection by an occupant reveals that a smoke alarm, smoke detector, or carbon monoxide alarm is not in proper working condition, the occupant shall notify the owner in writing that it is in need of maintenance by the owner to restore it to proper working condition or replacement as required under this chapter. (b) At every change of occupancy of each dwelling unit occasioned by or incidental to a sale, lease or sublease of the dwelling, it shall also be the duty of the owner to inspect the smoke alarms, smoke detectors, and carbon monoxide alarms to ensure they are in proper working condition as required by this chapter. This section shall not be construed to vitiate or render void any contract, lease or sublease. In addition to other requirements of this chapter regarding testing and inspection of smoke alarms, smoke detectors, and carbon monoxide alarms, each owner of a dwelling unit shall inspect and test each smoke alarm, smoke detector, and carbon monoxide alarm in the dwelling unit at least annually to ensure they are in proper working condition as required by this chapter. (c) Nothing in this section regarding testing, inspection and notification shall be construed to relieve the owner of a dwelling unit of the requirements under Section 392.02 or 392.021 of this chapter regarding the proper installation and maintenance of smoke alarms, smoke detectors, and carbon monoxide alarms. (Ord. No. 1528-15. Passed 5-9-16, eff. 5-10-16)

Codified Ordinances of Cleveland § 392.04 Maintenance

§ 392.04 Maintenance (a) The owner shall repair or replace the smoke alarm, smoke detector, or carbon monoxide alarm as required under this chapter within seventy-two (72) hours of receipt of the occupant's written notice or other evidence that it is not in proper working condition. (b) In addition to the other requirements of this chapter, the owner of each dwelling unit shall, at a minimum, provide new batteries for battery-operated smoke alarms, smoke detectors, and carbon monoxide alarms at least annually and at the beginning of any new lease. It shall be the responsibility of the occupant to ensure that the batteries installed are not removed. (Ord. No. 1528-15. Passed 5-9-16, eff. 5-10-16)

Codified Ordinances of Cleveland § 392.05 Tampering

§ 392.05 Tampering Anyone tampering or interfering with the effectiveness of a smoke alarm, smoke detector, or carbon monoxide detector shall be in violation of this chapter and subject to the penalties set forth in Section 392.99. (Ord. No. 1528-15. Passed 5-9-16, eff. 5-10-16)

Codified Ordinances of Cleveland § 392.06 Enforcement

§ 392.06 Enforcement (a) The City of Cleveland's Chief of Fire and the Director of Building and Housing or their designees shall have concurrent jurisdiction to conduct inspections to determine compliance with this chapter and to enforce its provisions. (b) Any notice of violation issued to enforce the requirements of this chapter shall, at a minimum, require compliance with its provisions within seventy-two (72) hours of the issuance of the notice. If a notice of violation is issued for a violation discovered subsequent to a fire or carbon monoxide gas leak and the dwelling unit was rendered uninhabitable by the fire or carbon monoxide gas leak, then the violation notice shall require compliance with the provisions of this chapter prior to the re-occupancy of the dwelling unit. (c) No owner or occupant shall refuse to allow inspection at reasonable times of any dwelling unit by a duly authorized City inspector. (d) The means of enforcement authorized by this section shall be in addition to and not in lieu of any other means of enforcement that may be authorized by these Codified Ordinances or by statute. (Ord. No. 1528-15. Passed 5-9-16, eff. 5-10-16)

Codified Ordinances of Cleveland § 392.07 Smoke Alarm, Smoke Detector, and Carbon Monoxide Alarm and Battery Program

§ 392.07 Smoke Alarm, Smoke Detector, and Carbon Monoxide Alarm and Battery Program (a) This Council determines that a program to provide smoke alarms, smoke detectors, and carbon monoxide alarms, and batteries for those devices free of charge to residents of the City who report that they cannot afford them, and to install or arrange for the installation of smoke alarms, smoke detectors, and/or carbon monoxide alarms free of charge to those residents, constitutes a public purpose. The Fire Chief may conduct such a program. (b) The Fire Chief may require any person who participates in the program authorized by this section to sign an agreement that may include the following provisions, and such other provisions as the Fire Chief deems necessary: (1) That each smoke alarm, smoke detector, and carbon monoxide alarm provided will be installed in the person's residence within a reasonable period of time, to be specified by the Fire Chief; and (2) That the person receiving one (1) or more smoke alarms, smoke detectors, and carbon monoxide alarms will permit a representative of the Division of Fire to inspect the installation of the unit or units to confirm that installation has occurred and was done properly; and (3) That the resident participating in the program will indemnify and hold harmless the City, its officers, employees, agents and assigns relative to providing one or more smoke alarms, smoke detectors, and carbon monoxide alarms and/or batteries, and relative to providing assistance in the installation of the smoke alarms, smoke detectors, and carbon monoxide alarms, if applicable. (c) For residents requiring assistance in installing smoke alarms, smoke detectors, and carbon monoxide alarms the Fire Chief may arrange for the installation by personnel of the Division of Fire, other City personnel, or such other persons who are willing to provide this service at no cost to the City. (d) Nothing in this chapter shall be deemed to waive or otherwise negate any statutory or common law immunity provided to the City, its officials or employees for activities under this chapter. (Ord. No. 1528-15. Passed 5-9-16, eff. 5-10-16)

Codified Ordinances of Cleveland § 392.08 Acceptance of Gifts and Grants of Smoke Alarms, Smoke Detectors, Carbon Monoxide Detectors, Batteries and Monies for Those Devices; Authority to Purchase Smoke Alarms, Smoke Detectors, Carbon Monoxide Detectors and Batteries for Those Devices

§ 392.08 Acceptance of Gifts and Grants of Smoke Alarms, Smoke Detectors, Carbon Monoxide Detectors, Batteries and Monies for Those Devices; Authority to Purchase Smoke Alarms, Smoke Detectors, Carbon Monoxide Detectors and Batteries for Those Devices The Fire Chief may accept gifts and grants of smoke alarms, smoke detectors, and carbon monoxide alarms, and batteries for those devices, and monies to conduct a program to provide smoke alarms, smoke detectors, and carbon monoxide alarms and batteries for those devices free of charge to residents of the City that report that they cannot afford them, and to install or arrange for the installation of smoke alarms, smoke detectors, and carbon monoxide alarms free of charge to residents that require such assistance or to abate a nuisance under this chapter. The Director of Public Safety is authorized to enter into standard purchase or requirement contracts under these Codified Ordinances to purchase smoke alarms, smoke detectors, and carbon monoxide alarms, and batteries for those devices to conduct the program. The funding source for such contracts shall include any monies annually appropriated for this purpose, any monies accepted pursuant to this chapter, which are appropriated for this purpose, and block grant and other grant monies as available. (Ord. No. 1528-15. Passed 5-9-16, eff. 5-10-16)

Codified Ordinances of Cleveland § 392.021 Carbon Monoxide Alarms; Installation Required in Rental Dwelling Units

§ 392.021 Carbon Monoxide Alarms; Installation Required in Rental Dwelling Units (a) It shall be the responsibility of the owner of each new and existing dwelling unit intended for rental purposes, within which fuel-fired appliances exist, to install a carbon monoxide alarm in each residential dwelling unit. (b) The carbon monoxide alarm shall be installed outside of each separate sleeping area in the immediate vicinity of the bedrooms in each residential dwelling unit. When sleeping areas are not fully enclosed or separated from other living areas within a dwelling unit, the carbon monoxide alarm shall be installed nearest the area designated for sleeping, as per the manufacturer's specifications. Alarms shall be clearly audible in all bedrooms within the sleeping area or dwelling unit when all intervening doors are closed. (c) Every carbon monoxide alarm shall comply with all applicable federal and state regulations and with Underwriters Laboratories standard 2034, and shall be installed in accordance with the manufacturer's installation instructions. (d) Where a dwelling is occupied by a person who is deaf or hearing impaired and a written request for the installation of a carbon monoxide alarm is received by the owner from an occupant in the dwelling, a carbon monoxide alarm shall be installed by the owner which provides a visual or vibratile signal sufficient to warn the deaf or hearing impaired individual when activated. (e) Carbon monoxide alarms in new construction shall be installed as required by the Building Code. (Ord. No. 1528-15. Passed 5-9-16, eff. 5-10-16)

Codified Ordinances of Cleveland § 392.99 Penalty

§ 392.99 Penalty (a) Anyone who violates any of the provisions of Sections 392.02, 392.021, 392.03, 392.04, or 392.05 shall be guilty of a minor misdemeanor on the first offense. In addition to any other method of enforcement provided for in these Codified Ordinances, the above listed minor misdemeanors may be enforced by the issuance of a citation in compliance with Rule 4.1 of the Ohio Rules of Criminal Procedure. For a second offense such person is guilty of a misdemeanor of the fourth degree. On a third or subsequent offense, such person is guilty of a misdemeanor of the first degree. Each day of a continuing violation shall be deemed a separate offense. (b) Notwithstanding any other provisions of this chapter pertaining to penalties, if a fire or carbon monoxide gas leak occurs at a dwelling unit where a violation of Section 392.02, 392.021, 392.03, 392.04, or 392.05 has occurred, then the offender is guilty of a misdemeanor of the first degree if the fire or carbon monoxide gas leak results in bodily injury or death of any person; or if the fire or carbon monoxide gas leak does not result in bodily injury or death of any person, then the offender is guilty of a misdemeanor of the second degree if the offense is the first offense by that person of any of the provisions of this chapter, or the offender is guilty of a misdemeanor of the first degree if the offense is the second or subsequent offense by that person of any of the provisions of this chapter. (Ord. No. 1528-15. Passed 5-9-16, eff. 5-10-16)
Source: City of Cleveland, Ohio, Codified Ordinances and City Charter (American Legal Publishing, codelibrary.amlegal.com)URL: https://codelibrary.amlegal.com/codes/cleveland/latest/cleveland_oh/0-0-0-18606Fetched: 11/1/2026

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