2014 New Smoke Detector Law for Landlords

Starting January 1, 2014, Health and Safety Code 13114 and 13113.7 states that battery operated smoke detectors must be manufactured with non-removable, non-replaceable, 10-year life batteries and several other features.  All smoke alarms installed in residential rental units must be on the State Fire Marshal’s list of approved devices. In order to be on the list of approved devices, the smoke detector must:

1.     Display the date of manufacture on the device

2.     Provide a place on the device where the date of installation can be written

3.     Incorporate a hush feature

4.     Incorporate an end-of-life feature that provides notice that the device needs to be replaced

5.     Contain a non-replaceable, non-removable battery that is capable of powering the smoke alarm for a minimum of 10 years (this last requirement applies only if the device is battery operated)

Currently only landlords of multi-unit dwellings are responsible for testing and maintaining smoke detectors. Starting January 1^st, landlords of both single family and multi-family units will be responsible for annual testing and maintaining smoke detectors in all units.

In order to facilitate the owner’s obligation to test and maintain the devices, owners or their agents are permitted to enter the unit for the purposes of installing, repairing, testing, and/or maintaining the devices. However, owners are required to provide tenants with reasonable notice, in writing, of their intent to enter the unit prior to going in. Reasonable notice is generally considered to be 24 hours in advance of entering.

When performing your next annual test, rather than replacing batteries, it may be wise to replace the devices with the new 10-year battery equipped detectors.  Also, when putting a new tenant into a unit, take the opportunity to update the smoke detectors.

If you apply for any type of building permit for work exceeding $1,000, you will need to demonstrate that your smoke detectors are on the Fire Marshalls list of approved devices. Failure to comply with the law can result in a fine of $200 per violation.