2016 Smoke & CO Detector Compliance

Be sure your rental units are in compliance with the current smoke detector and carbon monoxide (CO) laws.  California Health and Safety Code 13113.7(3) states:

On or before January 1, 2016 the owner of a dwelling unit intended for human occupancy, in which one or more units are rented or leased, shall install additional smoke alarms, as needed, to ensure that smoke alarms are located in compliance with current building standards.

Where are smoke detectors required?

• Every sleeping room
• In the vicinity outside of every sleeping room
• At least one on each floor of the home

Also note that smoke detectors installed or replaced after July 1, 2015, that are solely powered by batteries, must contain a sealed battery that is rated to last at least 10 years.

It is not clear as to when previously installed, functioning smoke detectors with removable batteries must be replaced.  I recommend you replace them with the sealed battery types as soon as possible in order to avoid any liability.

Also note, as of January 1, 2014, landlords cannot make the tenant responsible for testing or maintaining the smoke alarms. It is the landlord’s responsibility. This recent law change does not mandate the frequency of owner inspections. However, landlords have a duty to inspect the premises upon entry for any purpose. Inspections need not be thorough, but landlords are liable for any dangerous condition that is observable by a reasonable person. Thus, if a smoke alarm defect can be reasonably ascertained visually during a landlord’s visit to the unit, the landlord needs to repair or replace the device.

Where are carbon monoxide (CO) detectors required?

CO detectors shall be centrally located outside of each separate sleeping area in the immediate vicinity of the bedrooms and at least one on each level of the home.  The detector shall be located on the wall, ceiling or other location as specified in the installation instructions that accompany the unit.

Carbon monoxide tends to diffuse evenly throughout the room. It is slightly lighter than air, so carbon monoxide alarms are effective when placed on the ceiling or high up on a wall. Detectors can be mounted just about anywhere with a few exceptions. They should not be mounted on the wall within 6 inches of the ceiling. This “pocket” is considered dead air that does not circulate or mix well with the rest of the air in the house.