MECKLENBURG COUNTY SMOKE DETECTOR ORDINANCE Section 1. Definitions

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Section 1. Definitions

Section 2. General Provisions

MECKLENBURG COUNTY

SMOKE DETECTOR ORDINANCE

Section 3. Enforcement

Section 4. Jurisdiction

Section 5. Severability

Section 6. Effective Date

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MECKLENBURG COUNTY

SMOKE DETECTOR ORDINANCE

WHEREAS

, G.S. 153A-121 authorizes Mecklenburg County to define, regulate, prohibit or abate acts, omissions or conditions detrimental to the health, safety or welfare of its citizens; and

WHEREAS

, the Mecklenburg Board of Commissioners has been informed by the Multi-

Family Fire Safety Task Force of the following:

Most fires occurring in Charlotte during FY89 in which there was a fatality did not have a properly operating smoke detector;

Surveys indicate that 70% of all residential properties in Charlotte have smoke detectors installed in them;

80% of the residential properties which have fires in Charlotte do not have properly working smoke detectors installed in them; and

Smoke detectors are the most cost effective fire protection device available for residential use today; and

WHEREAS

, the purpose of this Ordinance is to protect the public health and safety by requiring operable smoke detectors in all residential structures, thereby hopefully reducing the number of fatalities resulting from fire.

NOW, THEREFORE, BE IT ORDAINED BY MECKLENBURG COUNTY BOARD OF

COMMISSIONERS THAT:

Section 1. Definitions

(1) Condominium:

For purposes of this Ordinance, a condominium is a dwelling unit contained within a multi-family dwelling under the condominium form of ownership.

(2) Dwelling:

A building occupied exclusively for residential purposes and having either

(a) one dwelling unit, i.e., a single family dwelling; or (b) two dwelling units, i.e., a duplex.

(3) Dwelling Unit:

A single unit providing complete and independent living facilities for one or more persons including permanent provisions for living, sleeping, eating, cooking and sanitation.

(4) Multi-Family Dwelling:

A building or portion thereof containing three or more dwelling units.

(5) Smoke Detector:

A device sensing either visible or invisible particles of combustion which, when activated, will provide an audible alarm.

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(6) Townhouse:

A single-family dwelling unit constructed in a series or group of attached units with property lines separating such units.

Section 2. General Provisions

A.

Every dwelling unit, whether located within a single-family dwelling, a duplex, a multi-family dwelling, a condominium, or a townhouse, shall contain at least one operable smoke detector installed in accordance with the manufacturer’s

B.

recommendations.

It shall be unlawful for anyone to rent or lease to another a dwelling unit, whether located within a single family dwelling, a duplex, or a multi-family dwelling, condominium, or townhouse, unless that dwelling unit has in it at least one operable smoke detector installed in accordance with the manufacturer’s recommendations.

Section 3. Enforcement

This Ordinance may be enforced in any one or more of the following ways as prescribed by law:

A.

Violation a Misdemeanor Any individual, corporation or firm who fails to install an operable smoke detector or fails to make operable an existing smoke detector as

B.

required by this Ordinance within thirty (30) days after having been issued a warning requesting correction of a violation of this Ordinance shall, upon conviction, be guilty of a misdemeanor and shall be fined not exceeding Fifty Dollars ($50.00) or imprisoned not exceeding thirty (30) days. Each day that the violation continues to exist shall be considered a separate offense.

Citation and Civil Penalty Failure to correct a violation within thirty (30) days after

C.

having been issued a warning requesting correction of a violation of this Ordinance shall subject the offender to issuance of a citation for violation of the Ordinance in the amount of One Hundred Dollars ($100.00) for the first day of noncompliance and Ten Dollars ($10.00) for each day thereafter until the dwelling unit is brought into compliance with this Ordinance. Such civil penalty may be recovered by the

County in a civil action in the nature of debt if the defendant does not pay the penalty within seven (7) days after being cited for violation of the Ordinance.

Injunction and Order of Abatement The provisions of this Ordinance may be enforced by injunction and order of abatement as provided in G.S. 153A-123(d) and

(e).

Section 4. Jurisdiction

This Ordinance shall apply to all unincorporated areas of Mecklenburg County.

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Section 5. Severability

Should any section of this Ordinance be declared by a court to be unconstitutional or invalid, such decision shall not affect the validity of the Ordinance as a whole or any part thereof other than the parts held to be unconstitutional or invalid.

Section 6. Effective Date

This Ordinance shall be in full force and effect from and after the 5 th

day of February, 1990.

Adopted the 5 th

day of February, 1990.

_________________________________________________________________________________

For more information contact Tyrone Wade

980-314-2908 |

[email protected]

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