Dwelling unit.
A home, mobile home, duplex unit, townhouse, dormitory, apartment unit, condominium unit, or any dwelling unit in a multiunit residential structure. It also means 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.
Hotel.
A building in which members of the public obtain sleeping accommodations for consideration, including a hotel, motel, tourist home, tourist house, tourist court, hostel, lodginghouse, roominghouse, or inn. The term does not include:
(1) 
A hospital, sanitarium, or nursing home; or
(2) 
A building in which all or substantially all of the occupants have the right to use or possess their sleeping accommodations for at least 28 consecutive days.
Owner.
Any person who, alone or jointly or severally with other persons, has legal title to any premises. The term “owner” includes any person who has charge, care or control over any premises as (1) an agent, officer, fiduciary, or employee of the owner; (2) the committee, conservator, or legal guardian of an owner who is under a legal disability; (3) a trustee or a person required by law to execute a trust, other than a trustee under a deed of trust to secure the payment of money; or (4) an executor, administrator, receiver, fiduciary, officer appointed by any court or other similar representative of the owner of his or her estate. The term “owner” does not include a lessee, a sublessee, or other person who merely has the right to occupy or possess a premises.
(1990 Code, sec. 7.1301; Ordinance adopting Code)
The provisions of this article shall not apply to the placement of smoke detectors in hotels, as defined in this article, which is governed by V.T.C.A., Health and Safety Code, chapter 792.
(a) 
For all dwelling units, custodial care units, and twenty-four-hour facilities constructed after January 1, 1984, at least one (1) smoke detector shall be installed by the owner or 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 multipurpose room be used for dining, living, and sleeping purposes, the smoke detector shall be located inside the room rather than outside the room;
(2) 
When 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 for the bedrooms shall be placed at the center of the ceiling directly above the top of the stairway.
(b) 
A smoke detector required by this section shall be installed, in accordance with manufacturer’s recommended procedures, prior to commencement of tenant occupancy of the dwelling unit, subject to the following:
(1) 
A smoke detector shall be installed on a ceiling or wall;
(2) 
If installed on the 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 farther than twelve inches (12") from the ceiling;
(4) 
The smoke detector may be located elsewhere if permitted by the building official of the city;
(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 the building code of the city. For new construction only, if the smoke detector is electrically operated, it must have an approved secondary power supply which shall be capable of operating the detector for not less than twenty-four (24) hours under nonalarm conditions. Upon interruption of the normal supply, the system shall be automatically transferred to the secondary source of power, and full power shall be obtained within sixty (60) seconds of transfer. Except as otherwise specified, the secondary source of power may be one of the following: generators, storage batteries, separate electrical service from the normal service, separate substations of the same electrical service.
(1990 Code, sec. 7.1302)
No dwelling unit, custodial care facility, or twenty-four-hour facility shall be sold, leased, rented or otherwise occupied after July 1, 1986, unless a smoke detector, as required by this article, is installed by the owner or landlord in compliance with this article. Smoke detectors required by this section shall be installed in accordance with the location and installation procedure requirements of section 8.07.003.
(1990 Code, sec. 7.1303)
(a) 
Upon commencement of a tenant’s possession of a dwelling unit, the landlord shall have a duty to test required smoke detectors to verify that each smoke detector 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, a 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 occupancy of a rental unit, the landlord shall have a duty to inspect and repair each required smoke detector only if a 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 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 occupancy of the rental unit. Provided, however, a landlord shall have a duty to repair or replace a smoke detector required by this article 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 satisfy his or her duty to inspect or repair a damaged or malfunctioning smoke detector if, after a test of the smoke detector, the test indicates the smoke detector is in good working order.
(1990 Code, sec. 7.1304)
The owner or landlord of each dwelling unit, custodial care facility or twenty-four-hour facility shall be responsible for the installation of smoke detectors required by this article. It shall be the responsibility of the occupants of each dwelling unit, custodial care facility, twenty-four-hour facility, whether owners, residents, or tenants, to maintain the smoke detectors in good working order. Such maintenance shall include cleaning, replacing batteries or keeping the device connected to the electrical power source. Nothing in this section shall be construed as affecting the duty to inspect and repair established in section 8.07.005.
(1990 Code, sec. 7.1305)
An owner or landlord shall install a smoke detector which is capable of sensing visible or invisible particles of combustion and emitting an audible signal of at least eighty-five (85) decibels. The owner or landlord shall install a smoke detector which is a type approved by the fire marshal consistent with any appropriate federal or state regulations. The owner or landlord shall install a smoke detector in accordance with the specifications of the manufacturer and the National Fire Protection Association Standard 72-E (1978 edition) and 74 (1980 edition).
(1990 Code, sec. 7.1306)
It shall be unlawful for any person to sell or give away within the city a smoke detector unless said detector meets the standards set out within this article without first delivering to the purchaser or donor of such detector a conspicuous written notice that the device does not comply with the provisions of this article. The notice must be individually given and shall not be a general posted notice. Nothing in this section shall be construed as prohibiting the sale or giving away of the smoke detectors not in compliance with this article, or heat detectors, provided notice as indicated above is given to the recipient.
(1990 Code, sec. 7.1307)
It shall be unlawful for any person to remove, or to intentionally interfere with, the proper operation of any smoke detector installed pursuant to this article.
(1990 Code, sec. 7.1308)
Any person, firm or corporation violating any portion or provision of this article shall be deemed guilty of a misdemeanor and, upon conviction therefor, shall be punished by an assessment of a fine as provided for in section 1.01.009 of this code, and a separate offense shall be deemed committed upon each day during or on which a violation occurs or continues.
(1990 Code, sec. 7.1309)
Any officer or employee of the fire department charged with the enforcement of this article, in the discharge of his or her duties, shall not render himself or herself liable personally, and he or she is hereby relieved from all personal liability for any damage which may accrue to persons or property as a result of any act required or permitted in the discharge of his or her duties. Any suit brought against any officer or employee because of this article shall be defended by the city attorney until final termination of the proceedings.
(1990 Code, sec. 7.1310)