Are You in Compliance?

Alaska

Alaska Stat. § 18.70.095 - Smoke and Carbon Monoxide Detection Devices
Relates to the devices, including carbon monoxide detection devices, required in dwellings; provides that such devices must be installed and maintained in all qualifying dwelling units in the state; provides that smoke detection devices must be of a type and installed in a manner approved by the state fire marshal; provides that carbon monoxide detection devices must have an alarm and be installed and maintained according to manufacturers' recommendations; includes rentals.

34.03.100. Landlord to maintain fit premises
(a) The landlord shall:
(7) provide smoke detection devices and carbon monoxide detection devices as required under AS 18.70.095.

34.03.120. Tenant obligations
(a) The tenant:
(7) shall maintain smoke detection devices and carbon monoxide detection devices as required under AS 18.70.095.

Arkansas

All new homes constructed on or after January 1, 2012, must contain alarm devices on each floor within the dwelling. Act 146 further stipulates that the alarms have a distinct, audible sound. If the alarm is a combination smoke/fire and CO detector, the alarm must have separate distinct audible sounds for each function.

California

Under Legislative Bill 34, CO alarms are required in all hotel and motel guest rooms. Effective Date: January 1, 2017.

The last portion of Senate Bill 745 requires 10-year smoke alarms in every bedroom of rental dwelling units. Existing alarms do not need to be replaced unless the alarm is inoperable. Effective Date: January 1, 2016.

Colorado

Smoke alarms installed in new construction must be hardwired with battery back-up.

Connecticut

Public Act No. 12-184, previously known as Connecticut House Bill 5394, requires owners of all residential buildings (including both single-family and multi-family dwellings) containing a fossil fuel source or attached garage to install smoke and CO alarms. Alarms must be tested and certified pursuant to standards issued by the American National Standards Institute and Underwriters Laboratories. Such equipment may be powered solely by battery and may combine smoke and CO detection technology into a single device. The law further states that alarms must be installed on every level of the building meant for human occupancy, including the basement, outside each separate living area and on the ceiling of each stairway between levels. Alarms must also be installed temporarily whenever a one- or two-family private residence is occupied during interior alterations or additions requiring a building permit. The effective date is October 1, 2012.

Florida

House Bill 747 allows 10-year battery-powered smoke alarms to replace AC-wired alarms in some new projects. It also mandates 10-year battery-powered alarms in lieu of all other battery-powered units. Effective Date: January 1, 2015*

*Exemptions for alarms that use low-power, radio frequency wireless communication signals and combination alarms added March 1st, 2016).

Georgia

Georgia House Bill 218 seeks to amend the Official Code of Georgia to require any battery-operated smoke alarm installed in new dwellings and dwelling units and exceptions to feature an integrated battery capable of powering the device for a minimum of 10 years.

If passed, the law would apply to alarms installed on or after January 1, 2014. The bill sponsor, Rep. Sheila Jones, is the same state representative who introduced Georgia HB 23, which would require CO alarms in schools.

Illinois

Under Senate Bill 2837 (pending legislation), all battery-operated smoke detectors installed in dwellings, units, or hotels are required to be powered by non-replaceable, non-removable 10-year batteries.

Exemptions include alarms that use low-power radio frequency wireless communication signals, Wi-Fi, or other wireless local area networking capabilities. It also does not apply to municipalities of more than 1,000,000 inhabitants, such as Chicago. Potential Effective Date: January 1, 2017.

Indiana

Continues to exempt single level dwellings, all seasonably occupied dwellings, and all hotels and motels with twelve (12) sleeping rooms or less (and containing no interior corridors) from the hard-wired, interconnected alarm requirement. However, the proposal amends the law to require that all battery-operated alarms in such buildings be equipped with a tamper-resistant, 10-year lithium battery.

• Requires the 10-year lithium battery-powered alarm to include a cover to protect the battery.

• Mandates that battery-operated smoke alarms in rental units be tamper-resistant and feature 10-year lithium batteries.

If adopted and signed into law, all proposed tenants of the bill will take effect July 1, 2013.

Effective July 1, 2014, all dwelling units within the county should have at minimum one functional, properly located, labeled and listed smoke detector. If that detector is powered by a battery, the battery must be non-removable, non-replaceable and capable of powering the detector for a minimum of 10 years.

Iowa

Under Senate Bill 2219, CO alarms are required in new and existing multifamily residential buildings and single-family rental dwellings. Effective Date: July 1, 2018.

Louisiana

All existing one- or two-family dwellings at the time of sale or lease, shall contain, at minimum, an operable 10-year sealed lithium battery smoke detector.

Maine

Under Senate Bill 574, CO alarms are required in all multifamily buildings. Effective Date: March 16, 2016.

Maryland

Under Senate Bill 107, existing hotels are required to install CO alarms in certain guest rooms. Effective Date: April 1, 2017.

Massachusetts

Under House Bills 2109, 2110, and 1249 (pending legislation), AC-powered smoke alarms with battery backup or smoke alarms powered by 10-year sealed batteries are required in all residential buildings that were built prior to January 1, 1975, and that contain one to five dwelling units. Potential Effective Date: TBD

Michigan

Mich. Comp. Laws Ann. § 125.1504d
Requires newly constructed boarding houses, hotels, motels and other residential buildings where occupants are primarily transient in nature to install an operational carbon monoxide device in each area where a mechanism is present that provides a common source of heat from a fossil-fuel-burning furnace, boiler or water-heater.

Mich. Comp. Laws Ann. § 125.1504f
Authorizes the Director of the Department of Consumer and Industry Services to provide for the installation of at least one carbon monoxide device in the vicinity of bedrooms within newly constructed or renovated single-family or multifamily dwellings.

Minnesota

Minn. State. § 299F.50 to .51 - Carbon Monoxide Alarms
Requires that every single family dwelling and every dwelling unit in a multifamily dwelling must have an approved and operational carbon monoxide alarm installed within ten feet of each room lawfully used for sleeping purposes.

Montana

70-24-303. Landlord to maintain premises -- agreement that tenant perform duties -- limitation of landlord's liability for failure of smoke detector.

(1) A landlord:
(h) shall install, in accordance with rules adopted by the department of justice, an approved smoke detector in each dwelling unit under the landlord's control.

Upon commencement of a rental agreement, the landlord shall verify that the smoke detector in the dwelling unit is in good working order. The tenant shall maintain the smoke detector in good working order during the tenant's rental period. For purposes of this subsection, an approved smoke detector is a device that is capable of detecting visible or invisible particles of combustion and that bears a label or other identification issued by an approved testing agency having a service for inspection of materials and workmanship at the factory during fabrication and assembly.
(5) The landlord is not liable for damages caused as a result of the failure of the smoke detector required under subsection (1)(h).

Nebraska

Under Legislative Bill 34, CO alarms are now required in all new single-family and multifamily residential dwellings, as well as in existing buildings undergoing renovation, changes in tenancy, or that have been bought or sold. Effective Date: January 1, 2017.

New Hampshire

N.H. Rev. Stat. Ann. § 150:10-a
Requires the installation of carbon monoxide detectors in rental units and in single and multi-family dwellings built or substantially rehabilitated after January 1, 2010.

New Jersey

Under Assembly Bill 4073, CO alarms are required in commercial buildings. Effective Date: February 7, 2016.

New York

Effective April 1, 2019.

Under Assembly Bill 9207, all battery-powered smoke alarms must feature non-removable, 10-year batteries.

North Carolina

North Carolina laws governing rental premises have been amended to read that newly installed smoke alarms in rental properties shall have tamper-resistant, 10-year lithium batteries. Dwelling units with hard-wired smoke alarms with battery backup are exempt, as are units with combination smoke/CO alarms. Such combination alarms can be solely battery operated or powered via electrical connection. The law also states that landlords can deduct from security deposits any damages to smoke and/or CO alarms. The new law took effect on January 1, 2013.

Ohio

Under the State of Ohio Building Standards, new construction one-, two-, and three-family dwellings is required to include smoke alarms that feature ionization and photoelectric technologies. These technologies can be separate or part of dual sensor units. Effective Date: January 1, 2016.

Oklahoma

Oklahoma House Bill 2728 would require landlords of residential rental properties to install hardwired smoke detectors with a battery backup in all residential rental properties. If passed, the law would go into effect January 1, 2013. The bill has passed the House Appropriations and Budget subcommittee with a few revisions, and will now be brought up for discussion in the full House Appropriations and Budget Committee.

Oregon

Prior to the sale of any dwelling or structure containing a dwelling, smoke alarms must be installed. These smoke alarms are required to be either photoelectric or ionization, and must have a silence feature and 10-year lithium battery. Photoelectric alarms are exempt from this rule.

Pending Legislation: • Senate Bill 126 would require that a dwelling unit's required smoke alarms be less than 10 years old prior to the sale transfer of title of the unit, or entering a new rental/lease agreement. The law further clarifies language regarding alarms sold or installed in the state of Oregon, which must have a tamper-proof battery with a life expectancy of 10 years. In addition, the bill requires all smoke alarms sold or installed in the state include a “hush” mechanism and bear an age date code. Photoelectric, dual-sensor, CO/smoke alarms are exempt from these requirements.

Rhode Island

R.I. Gen. Laws § 23-28.1-2 - Purposes
Requires Rhode Island Fire Safety Code provide reasonable standards for the installation of smoke and carbon monoxide detectors in private dwellings occupied by one (1), two (2), and three (3) families; provided, further, that after July 1, 2008, three (3) family dwellings shall be equipped with hard wired or supervised interconnected UL approved wireless smoke and carbon monoxide detectors, in accordance with standards established by the Fire Safety Code Board of Appeal and Review. The code adopted pursuant to this legislation, the Rhode Island Uniform Fire Code (RIUFC), requires carbon monoxide detectors in all apartment buildings, dormitories, lodging and rooming houses, one-, two- and three-family dwellings and child day-care facilities (see http://www.fsc.ri.gov/documents/RhodeIslandFireSafetyCode.pdf).

Tennessee

Under Senate Bill 647, CO alarms are required in all existing and newly constructed hotels that contain fuel burning elements. Effective Date: January 1, 2016.

Texas

The following is a reminder on Texas HB 1168, which places statewide requirements on landlords of all types of dwellings by January 1, 2013:

• State of Texas: Gov. Rick Perry signed HB 1168 in June 2011. The act establishes requirements for smoke alarms in residential rental units. The bill became effective on September 1, 2011, and applies to residential units occupied or issued a certificate of occupancy issued before this date. Landlords would be required to comply with the changes in the Property Code by January 1, 2013. Some more specifics on the law below.

• Smoke alarms are required to be placed in:

• Every bedroom for a property that holds three or more dwelling units

• Every hallway serving multiple bedrooms and

• Every level of the dwelling unit.

• Smoke alarms are to be battery powered unless another power source was required by local ordinance. A local ordinance could not require property owners to install a hardwired smoke alarm system for a unit that was in compliance with the fire code and built before September 1, 1987, unless:

• The interior of the unit experienced repairs, renovations, or additions that totaled more than $5,000,

• The building alterations required a municipal building permit, and

• Either the renovations resulted in the removal of an interior wall/ceiling or the unit had an alternative access for easy installation (e.g. a crawl space or tiled ceiling).

• The landlord is responsible for initial installation and/or replacement of smoke alarms in these dwelling units defined by HB 1168. The tenant is obligated to inform their landlord if a smoke alarm is in need of replacement and must replace batteries as needed for a unit that was installed in “good working order” at the time the tenant took possession.

NOW IN EFFECT: An amendment to the Houston City Fire Code (Ord. No. 2015-1289) requires that single-station battery-operated smoke alarms be replaced with 10-year battery alarms upon their expiration. The law affects institutional and residential properties. The law includes exemptions for additional smoke alarms that are installed beyond a building's current requirements, as well as alarms connected to a fire alarm system.

Utah

House Bill 316 expands CO alarm requirements to all floors of covered buildings. Effective Date: July 1, 2016.

Vermont

All dwellings (new, sold and/or transferred) are required to install photoelectric smoke alarms.

New Construction - Photoelectric alarms must be directly wired into the building's electrical service and have battery backup.

Virginia

Bill 9 VSA 2882 requires that the installation of photoelectric smoke alarms/detectors in new homes or homes that are sold/transferred. Those alarms must be located near bedrooms and on each floor. Also, there must be at least one carbon monoxide detector near all bedrooms.

Washington

A bill requiring 10-year smoke alarms in select dwellings has been reintroduced in the State of Washington's House of Representatives. House Bill 2053 would amend the Residential Code of Washington to require newly installed smoke alarms to feature a tamper-resistant, 10-year lithium battery. This provision would apply to homes occupied by persons other than the owner on or after December 31, 1981, and homes built or manufactured after December 31, 1980. The owner or landlord is not required to install a 10-year alarm if the dwelling unit is equipped with a hardwired smoke alarm with battery back-up or a combination smoke and carbon monoxide alarm. Penalty for non-compliance of this bill is subjected to fines upwards of $200.

A new bill (HB 2401) was introduced to the Committee on Local Government on January 16, 2014. Beginning July 1, 2016, all battery-powered smoke alarms must contain a non-replaceable, non-removable battery capable of powering the alarm for a minimum of 10 years. All alarms must also provide a display of the manufacture, date of installation and a hush feature. Exemptions include: control unit, enhanced waking effectiveness, multi-sensing technologies and wireless inter-connection.

Wisconsin

Madison
In accordance with Madison Ordinance, all rental units are to have smoke alarms installed and maintained in each bedroom, in every sleeping area, and within 6 feet of each door leading to a bedroom or sleeping area, and on each floor of the building. Smoke detectors must be hard wired or have 10-year lithium batteries.

Milwaukee
Milwaukee's Common Council passed a revised smoke alarm ordinance effective, June 1, 2013, all battery-operated smoke alarms must be powered by 10-year non-removable, sealed batteries. Compliance with this requirement must be met when replacing any current battery-operated smoke alarm after June 1, 2013, or by October 1, 2017, whichever comes first.

West Virginia

W. Va. Code § 29-3-16a - Smoke detectors in one- and two-family dwellings; carbon monoxide detectors in residential units; penalty

Requires installation of carbon monoxide detectors in any residential unit built after July 1, 1998 that has a fuel-burning cooking or heating source or which is connected to a building (e.g., garage) that has a fuel-burning heating or cooking source. Any person installing a carbon monoxide detector or repairing a fuel-burning cooking or heating appliance must inform owner or occupants of dangers of carbon monoxide poisoning.