Landlord or Tenant: Who is Responsible for Smoke Detectors?

America has one of the highest fire related death rates per capita in the industrialized world. Fires in the U.S. kill approximately 3,000 people, injure 20,000 more people, and cost billions of dollars in damages. Direct property losses due to fire reach over $10 billion dollars, much of which is preventable. Missing, disconnected, or dead batteries was the reason 70% of alarms did not sound in residential fires in a study by the National Fire Protection Association (NFPA). For battery-only alarms, that percent went up to 84%. When it’s a family owned home, it’s pretty cut and dry who is responsible for the installation and maintenance of alarms, but what about apartment complexes and rental properties?

reasons-smoke-alarms-don’t-operate-graph

Graph from NFPA

Many states and cities require landlords to provide a working smoke alarm and sometimes a carbon monoxide (CO) alarm at the start of each new tenancy. It then becomes the responsibility of the tenant to make sure the alarm or alarms continue to work and to alert the property manager of low batteries or other failures. However, there are some states that put the responsibility of testing smoke alarms on the landlord, with California being one of them. As of January 1, 2014 owners of both multi-family and single family rental units are responsible for monthly testing and maintenance of all devices in each unit including vacant ones.

Do Smoke Detectors Need to Be Hard Wired?

Some states, including Alabama and Iowa, require smoke alarms to be tied to the building’s electrical system in new construction. Battery operated smoke detectors are still allowed in existing dwellings, but it’s best to confirm with your city and state for any changes. Even if it’s not required by your state, there are some benefits to connecting the alarm to the building’s power. The NFPA reported that hard wired alarms only failed to operate in 7% of reported residential fires. Connecting alarms to the building’s power also allows alarms to be connected across units without requiring a WiFi connection as might be the case in a two story home. This can alert residents in neighboring units to a fire elsewhere on the property.

Benefits of a 10-Year Tamper Resistant Smoke Detector

Depending on the state, it may be left up to the resident to perform monthly testing and alert management if a low-battery chirp starts. In some cases, tenants remove the battery from the smoke alarm to silence the chirp or to hush any nuisance alarms if the device is too sensitive to smoke or steam while the resident is cooking and never replaces the battery. A 10-year tamper resistant alarm eliminates this issue by using a sealed battery. The device also has a button to silence nuisance alarms. These smoke alarms are perfect for residences where tenants may not be reliable when it comes to maintaining the alarms in their dwelling.

California was the first state to require 10-year tamper resistant smoke detectors, but other states were quick to follow. Among them are Maryland, Oregon, Louisiana, North Carolina, and Georgia. In some cases, the legislation is coming from the city level. Cities requiring sealed 10-year alarms include Phoenix, New York City, Philadelphia, and Louisville.

Where are Smoke Detectors Required?

This varies state to state. Most states require smoke alarms in every sleeping area including living rooms or dens if someone sleeps there, even occasionally, such as a futon or fold out couch. Arizona, Iowa, and New York require smoke alarms on each story including basements if there is a sleeping area on that floor. Texas legislation does allow a smoke detector in the hallway outside of the bedrooms if the bedrooms are all grouped together on a single floor, but recommends an additional smoke detector in each bedroom if the resident sleeps with the door closed. Not all states require a smoke detector in the kitchen, but it can help protect your building and residents to include one there or just outside. Installing a unit too close to the stove can cause false alarms, so placing it closer to the door or kitchen entryway may reduce the number of false alarms while keeping the smoke alarm effective.

Difference Between Smoldering Fires and Flaming Fires

While both ionization and photoelectric smoke detectors protect against all fires, each technology is faster at detecting either a smoldering or flaming fire, giving earlier warning. Ionization alarms use electrically charged particles to detect smoke and are faster at detecting flaming fires. These are fires that spread quickly, filling a room or dwelling with flames in minutes. Grease fires or tipped over candles are more quickly detected by ionization smoke detectors. Photoelectric smoke alarms use light beams to detect the presence of smoke and are faster at detecting smoldering fires. This type of fire may or may not show a detectable flame, but produces a substantial amount of smoke. Burning a pie in the oven or the Thanksgiving roast produces a long burning fire more quickly detected by photoelectric alarms. Some alarms combine both technologies, including the BRK First Alert 10-year smoke alarm which uses dual sensors to alert residents as quickly as possible about either type of fire. This alarm also uses the sealed Lithium tamper free 10-year battery mentioned above.

Smoldering Fire

Flaming Fire

Check the codes in your city and state for the most up to date requirements and your legal responsibilities for properties you manage. You can find 10-year sealed smoke detectors and CO alarms at 1000Bulbs.com. For help finding the right products, please call an account manager at 1-800- 624-4488 and speak with an expert.

| Resource Page