Owners of any building constructed after the date of this article and used for commercial purposes or assembly of any kind, who are not otherwise required to install smoke detectors by any other ordinance or statute, shall install a smoke detector in accordance with the following conditions:
(1) 
If the building contains a heat-producing source, then:
(A) 
At least one smoke detector shall be placed inside each hallway or passageway within forty (40) feet of the heat-producing source.
(B) 
In buildings with no hallways or passageways, one smoke detector shall be placed on the ceiling one-half (1/2) the distance from the heat-producing source to the farthest exit.
(2) 
Such smoke detectors must:
(A) 
Be designed to detect both the visible and invisible products of combustion;
(B) 
Be designed to produce a sound audible for at least twenty (20) feet;
(C) 
Be powered by battery or alternating current;
(D) 
Be tested and approved for use as a smoke detector by Underwriters’ Laboratories Factory Mutual Research Corporation or United States Testing Company, Inc.
(E) 
Be installed according to the manufacturer's instructions on a ceiling or wall and maintained in good working order.
(3) 
For purposes of this section, a heat-producing source shall be defined as:
(A) 
A permanent or temporary device using natural gas, liquid petroleum gas, oil, or any other liquid hydrocarbon to make a flame capable of producing 30,000 or more BTUs.
(B) 
Any permanent or temporary electrical device with a rated output of 1,250 or more watts.
(C) 
Any permanent or temporary device using wood or coal to make a flame.
(1999 Code, art. 3.800)
In this division:
Bedroom.
Any room which is designed with the intent that it be used for sleeping purposes.
Corridor.
A passage which connects parts of the dwelling unit.
Dwelling unit.
A home, mobile home, duplex unit, apartment unit, condominium unit or any dwelling unit in a multi-unit residential structure. It also shall mean one (1) or more rooms which are subject to a single rental agreement and which are rented to a tenant or tenants for use by persons as a permanent residence.
Landlord.
The owner, lessor or sublessor of a dwelling unit. A managing agent or leasing agent, whether residing or officing on-site or off-site, shall be considered the agent of the landlord for purposes of notice and other communications required or allowed under this division. Otherwise, a manager or agent of the landlord shall be considered a landlord under this act only if the manager or agent purports to be the owner, lessor or sublessor in the rental agreement.
Smoke detector.
A device which is:
(1) 
Designed to detect visible or invisible products of combustion;
(2) 
Designed with an alarm audible to the bedrooms it serves;
(3) 
Powered by either battery, alternating current, or other power source;
(4) 
Tested and listed for use as a smoke detector by Underwriters’ Laboratories, Inc., Factory Mutual Research Corporation, or United States Testing Company, Inc.; and
(5) 
In good working order.
Tenant.
Any person who is entitled to occupy a dwelling unit to the exclusion of others and who is obligated to pay rent for the dwelling unit under a written or oral rental agreement.
Test of smoke detector.
The performance of the act or acts which the manufacturer of a smoke detector recommends for that particular model of smoke detector as a simple test of whether or not the smoke detector is in good working order.
Units constructed after September 1, 1981.
Any unit for which a building permit was issued after September 1, 1981, or, if no building permit is issued, any unit which is occupied as a residence for the first time after September 1, 1981.
Units constructed on or before September 1, 1981.
Any unit for which a building permit was issued on or before September 1, 1981, or which was occupied as a residence for the first time on or before such date.
(1999 Code, sec. 3.701)
Any landlord as herein defined violating any provision of this division shall be deemed guilty of a misdemeanor and upon conviction thereof shall be punishable by a fine as provided for in the general penalty provision found in section 1.01.009 of this code. Each separate day or any portion thereof during which any violation of this division occurs or continues shall be deemed to constitute a separate offense, and upon conviction thereof shall be punishable as herein provided. The issuance or granting of a permit or approval of plans and specifications shall not be deemed or construed to be a permit for, or an approval of, any violation of any of the provisions of this division.
(1999 Code, sec. 3.708)
This division shall not apply to dwelling units which are owner-occupied and not rented or leased to a tenant, in whole or in part, or nursing and convalescent homes licensed by the department of state health services and certified to meet the Life Safety Code under federal law.
(1999 Code, sec. 3.706)
The landlord's duty of installation of smoke detectors under this division may not be waived.
(1999 Code, sec. 3.707)
(a) 
For all dwelling units constructed after the adoption of this division, at least one (1) smoke detector shall be installed by the landlord outside of each separate bedroom in the immediate vicinity of the bedroom, except that:
(1) 
Where the dwelling unit is designed with the intent that a single multi-purpose room be used for dining, living, and sleeping purposes, the smoke detector shall be located inside the room rather than outside:
(2) 
Where the bedrooms are served by the same corridor, at least one (1) smoke detector shall be installed in the corridor in the immediate vicinity of the bedrooms; and
(3) 
Where one (1) or more bedrooms are located on a level above the cooking and living area, the smoke detector shall be placed at the center of the ceiling directly above the top of the stairway.
(b) 
A smoke detector required by this division shall be installed prior to commencement of possession of the dwelling unit by the tenant in accordance with the manufacturer's recommended procedures, subject to the following:
(1) 
A smoke detector shall be installed on a ceiling or wall;
(2) 
If installed on a ceiling, the smoke alarm shall be installed no closer than six inches (6”) to a wall;
(3) 
If installed on a wall, the smoke detector shall be installed no closer than six inches (6”) to the ceiling and no further than twelve inches (12”) from the ceiling;
(4) 
A smoke detector may be located elsewhere if permitted by ordinance or by a local, city, county, or state fire marshal; and
(5) 
If a smoke detector is electrically operated rather than battery operated, the power system and installation procedures for the smoke detector shall comply with applicable local ordinances.
(1999 Code, sec. 3.702)
(a) 
For all dwelling units constructed before the adoption of this division, at least one (1) smoke detector shall be installed by the landlord in accordance with section 5.05.035 on or before September 1, 1984. A smoke detector required by this section shall be installed in accordance with the location and installation procedure requirements of section 5.05.035. Installation of smoke detectors prior to September 1, 1984, shall be at the discretion of the landlord or tenant.
(b) 
Prior to September 1, 1984, a tenant may install a battery-operated smoke detector in a unit covered by subsection (a) of this section without prior consent of the landlord, provided the smoke detector is installed in accordance with the location and installation procedure requirements of section 5.05.035.
(c) 
At the end of the rental period or the renewal or extension of the rental period, the tenant may remove a smoke detector installed by the tenant, but the tenant shall be liable to the landlord for any unnecessary damages to the dwelling unit in removing the smoke detector.
(1999 Code, sec. 3.703)
(a) 
Upon commencement of a tenant's possession of a dwelling unit containing a smoke detector, the landlord shall have a duty to test the smoke detector to verify that it is in good working order. Upon installation of a smoke detector by a landlord after commencement of the tenant's possession of a dwelling unit, the landlord shall have a duty to test the smoke detector at that time to verify that it is in good working order.
(b) 
During the term of the rental agreement or any renewal or extension thereof, the landlord shall have a duty to inspect and repair a smoke detector only if the tenant has given notice to the landlord of malfunction or made a request to the landlord for inspection or repair. The notice to the landlord need not be in writing unless written notice is required in the written rental agreement. The landlord shall comply with the tenant's request for inspection and repair within a reasonable time, considering the availability of material, labor, and utilities.
(c) 
A landlord shall not have a duty to inspect or repair a smoke detector if the damage or malfunction is caused by the tenant or the tenant's family, guests, or invitees during the term of the rental agreement or any renewal or extension period of the rental agreement. Provided, however, a landlord shall have a duty to repair or replace a smoke detector covered by this section if the tenant pays in advance for the reasonable cost of the repair or replacement, including labor, materials, taxes, and overhead.
(d) 
A landlord shall have satisfied his duty to inspect or repair a damaged or malfunctioning smoke detector if, after a test of the smoke detector, the test indicates that the smoke detector is in good working order.
(1999 Code, sec. 3.704)
After commencement of possession by the tenant of a dwelling unit, the landlord shall have no duty to provide replacement batteries for a battery-operated smoke detector which was in good working order according to a test of the smoke detector at the time of commencement of possession by the tenant.
(1999 Code, sec. 3.705)