In this article:
Any room which is designed with the intent that it be used
for sleeping purposes.
A passage which connects parts of the dwelling unit.
A home, mobile home, duplex unit, apartment unit, condominium
unit, or any dwelling unit in a multi-unit residential structure,
which is not owner occupied. 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.
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 article. Otherwise,
a manager or agent of the landlord shall be considered a landlord
only if the manager or agent purports to be the owner, lessor, or
sublessor in the rental agreement.
A device which is:
Designed to detect visible or invisible products of combustion;
Designed with an alarm audible to the bedrooms it serves;
Powered by either battery, alternating current, or other power
source;
Tested and listed for use as a smoke detector by Underwriters’
Laboratories, Inc., Factory Mutual Research Corporation, or United
States Testing Company, Inc.; and
In good working order.
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.
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.
(1996 Code, sec. 5.601)
(a)
For
all dwelling units, 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 article 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 detector 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 written authority of a 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 city ordinances.
(1996 Code, sec. 5.602)
(a)
For all dwelling units constructed before the adoption of this article, at least one (1) smoke detector shall be installed by the landlord in accordance with section 5.08.002 above. A smoke detector required by this section shall be installed in accordance with the location and installation procedure requirements of section 5.08.002(b) above.
(b)
Prior to January 1, 1984, a tenant may install a battery-operated smoke detector in a unit covered by section 5.08.004(a) of this article without prior consent of the landlord, provided the smoke detector is installed in accordance with the location and installation procedure requirements of section 5.08.002 above.
(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.
(1996 Code, sec. 5.603)
(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 subsection 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.
(1996 Code, sec. 5.604)
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.
(1996 Code, sec. 5.605)
This article 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 state department of health
and certified to meet the Life Safety Code under federal law.
(1996 Code, sec. 5.606)
The landlord’s duty of installation of smoke detectors
under this article may not be waived.
(1996 Code, sec. 5.607)
Every guest room in an existing hotel or lodging house used
for sleeping purposes shall be provided with smoke detectors conforming
to building code standards.
(1996 Code, sec. 5.608)
