Q: What are the requirements for smoke alarms in residential properties?
A: The basic requirements for smoke alarms have been in effect for a number of years; however, there have been some changes commencing in 2014.
GENERAL RULES: California law requires that every “dwelling intended for human occupancy,” have smoke alarms. These include all single-family properties, condominiums, stock cooperatives, time-share projects, duplexes and apartment complexes. Smoke alarms must be on the State Fire Marshal’s approved list and must be installed in accordance with the State Fire Marshal’s regulations in effect at the time of their installation. For all new construction which was commenced on after August 14, 1992, the smoke alarm must be hard-wired with a battery backup. For all other homes, the smoke alarm may be battery operated.
Local building departments may have other, more strict requirements (such as requiring hard-wired smoke alarms on all properties) so owners should always check to see if such stricter local requirements may apply.
LOCATION: The California Building Code requires that the smoke alarms be placed in each bedroom as well as in each hallway outside the bedrooms, and on every floor (including the basement) whether or not there is a bedroom on that floor. In apartment and other multiple dwelling structures, a smoke alarm must also be installed in all common stairwells.
NEW REQUIREMENTS:
January 1, 2014: The law requires that for all dwelling units when a building permit is issued for alterations, repairs, or additions exceeding $1,000, the building department issuing the building permit must assure prior to signing off on the permit that all smoke alarms required for the dwelling unit are approved by the State Fire Marshal.
July 1, 2014: The State Fire Marshal will not approve battery-operated smoke alarms for sale unless they contain a non-replaceable, non-removable battery which is capable of powering the smoke alarm for at least 10 years. The law allows that existing inventory of smoke alarms can be sold and used until July 1, 2015; but, if any alterations, repairs, or additions greater than $1,000 requiring a permit are made, the smoke alarms must meet current State Fire Marshall standards. NOTE: This law does not affect existing installed smoke alarms that were approved at the time they were installed.
January 1, 2015: The State Fire Marshall will require newly-installed, battery-operated smoke alarms to:
(1) Display the date of manufacture;
(2) Provide a location on the device to write the installation date; and
(3) Incorporate a “hush” feature which will temporarily silence the alarm. This will allow a few minutes for the dissipation of whatever set off the alarm (such as kitchen smoke) before re-arming the device.
January 1, 2016: All landlords will be required to install additional smoke alarms if required to ensure that the smoke alarms are located in compliance with current building standards.
SMOKE ALARM TESTING AND MAINTENANCE IN RENTAL UNITS: For many years landlords have been responsible for testing and maintaining smoke alarms in rental units and in common stairwells of apartment and other multiple-dwelling structures. However, as of January 1, 2014:
1. The landlord’s obligation to test and maintain smoke alarms is extended to rented single-family dwellings as well; and,
2. The landlord cannot make tenants responsible for testing and maintaining the smoke alarms.
However, tenants still have a duty to notify the owner or property manager if the tenant becomes aware of an inoperable smoke alarm in the rented unit. The owner or property manager will not be in violation for a non-operating smoke alarm if the tenant has not given them notice of the problem.
PRACTICE TIPS:
1. For a summary of the law on the seller’s Statement of Smoke Alarm Compliance upon the sale of a single- family dwelling or factory-built home, see the summary statement in the CAR form “Water Heater and Smoke Detector Statement of Compliance.” (zipForms form WHSD).
2. For more information on this topic, see CAR’s Legal Memo entitled “Smoke Alarm Requirements.”
3. RENTAL AGENTS AND PROPERTY MANAGERS:
A. Because landlords are responsible for testing and maintaining smoke alarms, all smoke alarms should be tested for operability at the time a rental unit or home is rented – either by the landlord or by the rental agent or property manager.
B. Attach the “Smoke Alarm/Carbon Monoxide (CO) Addendum” to every lease.
DO NOT FORWARD TO CLIENTS. This Weekly Practice Tip is for the exclusive use of clients of Broker Risk Management and their agents. It may not be reproduced or distributed without the express written consent of Broker Risk Management. The advice and recommendations contained herein are not necessarily indicative of standards of care in the industry, but rather are intended to suggest good risk management practices.
© Copyright Broker Risk Management 2014 05/09/14
SMOKE ALARM/CARBON MONOXIDE (CO) ADDENDUM
This is an Addendum to that Lease/Rental Agreement between Owner and Tenants dated _____________, 201__ for that property at: ___________________________________,
(Street Address)
Unit # ________; _______________________________, CA _______________.
(City) (Zip Code)
OWNER AND TENANTS MUTUALLY AGREE AS FOLLOWS:
1. Each tenant agrees to inform the Owner or agent immediately of any defect, malfunction or failure of any smoke alarm or CO detector.
2. Tenants shall allow Owner or agent access to the premises to install, repair, test or maintain smoke alarms and CO devices.
3. IF SMOKE ALARMS ARE BATTERY-OPERATED: Each Tenant understands that said smoke alarms are battery-operated and it shall be each Tenant’s responsibility to immediately inform the Owner or agent if a smoke alarm does not work.
4. If the premises are equipped with plug-in CO detector devices, Tenants agree not to remove those devices, and to report any malfunction of any CO detector to the Owner immediately.
5. It shall be a violation of this Lease/Rental Agreement to remove batteries from any of these devices, or to swap batteries from these devices for other batteries unless Tenant chooses to replace existing batteries with fresh, new, fully-charged batteries.
Each Tenant acknowledges that all smoke alarms and CO detection devices in the premises were tested and operable in the presence of Tenant at time of initial occupancy and the devices were operating properly at that time.
_______________________________________ __________________, 20__
Owner Date
_______________________________________ __________________, 20__
Tenant Date
_______________________________________ __________________, 20__
Tenant Date