In accordance with state law, every dwelling unit provided for
a tenant shall be provided with at least one (1) approved listed smoke
detector installed outside, but in the vicinity of, each separate
bedroom in the dwelling unit, on a ceiling or wall. Such smoke detector(s)
shall be installed in accordance with the manufacturer’s recommended
procedures, except smoke detector(s) being installed on a ceiling
must be no closer than six inches (6") to a wall, and if on a wall
it must be no closer than six inches (6") and no farther than twelve
inches (12") from the ceiling.
(2000 Code, sec. 3.1201)
(a)
It
shall be the duty of each landlord to install, inspect and repair
smoke detector(s) in any dwelling unit occupied by a tenant and owned
by him. The landlord shall determine that the smoke detector(s) is
in good working order by following the recommended test procedures
of the manufacturer at the beginning of a tenant’s possession
or at the time of installation. During any term of a lease or during
a renewal or extension thereof, it is the landlord’s duty to
inspect and repair the smoke detector(s) only if the tenant gives
the landlord notice of a malfunction or requests to the landlord that
it be inspected or repaired. The landlord must comply with the tenant’s
request for inspection or repair within seven (7) days after the request
has been made. The landlord will be exempt from his duty to repair
any smoke detector damaged by the tenant unless the tenant pays in
advance a reasonable repair or replacement cost, including labor,
materials, taxes and overhead.
(b)
Also,
the landlord is not obligated to provide batteries for any battery-operated
smoke detector(s) after a tenant takes possession if the smoke detector(s)
was in good working order at the time the tenant took possession.
(2000 Code, sec. 3.1202)
The landlord shall not be held liable nor shall have violated
this article for failure to inspect, repair or replace any smoke detector(s)
upon notice by the tenant if the tenant has not paid all rent due
or for reasonable damages caused by the tenant to the smoke detector(s)
causing it to malfunction.
(2000 Code, sec. 3.1203)
