Feb. 12--The smoke detector fight between landlords and the city of Bloomington has been extinguished.
Monroe Circuit Judge E. Michael Hoff ruled Monday that the city ordinance requiring all rental units to install hard-wired smoke detectors by Dec. 31, 2018, was unenforceable because the city can't prohibit what state law allows.
The Bloomington City Council unanimously passed the ordinance in November 2012, despite pushback from local landlords. State law requires all smoke detectors to be battery-operated or hard-wired and allows for city regulations to be more stringent or detailed, but they cannot conflict with state code.
Hoff wrote in his opinion that municipalities are allowed to expand on the state's requirements, but a city's requirements can't restrict something that state law allows.
"The city's ordinance does just that," Hoff wrote. "It disallows battery operated smoke detectors that Indiana Code 22-11-18-3.5 expressly permits. For that reason, the city's ordinance is not enforceable."
Attorney Michael McBride filed the lawsuit in July 2013 on behalf of Fierst Rentals LLC, Hays Building LLC, the trusts of Marjorie Hudgins and Donald E. Geels and John and Sharon Kirtland. McBride argued the city's ordinance was ineffective and unenforceable because state law allows for multiple types of smoke detectors, while the city requirement would limit landlords to one type.
Before the city council passed the new requirements in 2012, landlords expressed concerns about the costs of installing the new smoke detectors, which they estimated at $500 to $1,000 per unit, so the council delayed the compliance date until Dec. 31, 2018. The city's Department of Housing and Neighborhood Development was looking to add protection for renters who don't change the batteries or who removed them completely.
"I think it was the correct ruling," McBride said. "This was a case just about ... whether or not the city overstepped its powers when enacting that provision of the ordinance."
City attorneys had argued that the city's rental inspection code doesn't conflict with state code, because the provision regarding smoke detectors allows city law to be more stringent.
"We're a little disappointed in the result, but we respect the court's authority," city corporation counsel Margie Rice said.
Hoff also ruled that the city code should have been reviewed and approved by the Indiana Fire Prevention and Building Safety Commission. McBride argued that it should be subject to approval of the commission because it is classified as a fire safety law and building law.
City attorneys argued that the commission didn't need to approve the regulation because it concerns the installation of smoke detectors in residential structures, which is exempt from commission approval.
"The Commission has the authority to review and approve fire safety laws and building laws of cities to prevent conflict, duplication or overlap with the statewide code of building and fire safety laws," Hoff wrote.
The battle may fire up again, but city officials haven't made any decisions yet. Rice said the city will have to discuss the ruling internally and decide the best course of action.
"Obviously, we'll be enforcing state law," Rice said.
Copyright 2014 - Herald-Times, Bloomington, Ind.
