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California Health and Safety Code Section 13113.7

Legal Research Home > California Laws > Health and Safety Code > California Health and Safety Code Section 13113.7

13113.7.  (a) (1) Except as otherwise provided in this section,
smoke alarms, approved and listed by the State Fire Marshal pursuant
to Section 13114 at the time of installation, shall be installed, in
accordance with the manufacturer's instructions in each dwelling
intended for human occupancy.
   (2) For all dwelling units intended for human occupancy for which
a building permit is issued on or after January 1, 2014, for
alterations, repairs, or additions exceeding one thousand dollars
($1,000), the permit issuer shall not sign off on the completion of
work until the permittee demonstrates that all smoke alarms required
for the dwelling unit are devices approved and listed by the State
Fire Marshal pursuant to Section 13114.
   (3) However, if any local rule, regulation, or ordinance, adopted
prior to January 1, 1987, requires installation in a dwelling unit
intended for human occupancy of smoke alarms which receive their
power from the electrical system of the building and requires
compliance with the local rule, regulation, or ordinance at a date
subsequent to the dates specified in this section, the compliance
date specified in the rule, regulation, or ordinance shall, but only
with respect to the dwelling units specified in this section, take
precedence over the date specified in this section.
   (4) Unless prohibited by local rules, regulations, or ordinances,
a battery-operated smoke alarm, which otherwise met the standards
adopted pursuant to Section 13114 for smoke alarms at the time of
installation, satisfies the requirements of this section.
   (5) A fire alarm system with smoke detectors installed in
accordance with the State Fire Marshal's regulations may be installed
in lieu of smoke alarms required pursuant to paragraph (1) or (2) of
this subdivision, or paragraph (3) of subdivision (d).
   (b) "Dwelling units intended for human occupancy," as used in this
section, includes a one- or two-unit dwelling, lodging house,
apartment complex, hotel, motel, condominium, stock cooperative,
time-share project, or dwelling unit of a multiple-unit dwelling
complex, or factory-built housing as defined in Section 19971. For
the purpose of this part, "dwelling units intended for human
occupancy" does not include manufactured homes as defined in Section
18007, mobilehomes as defined in Section 18008, and commercial
coaches as defined in Section 18001.8.
   (c) A high-rise structure, as defined in subdivision (b) of
Section 13210 and regulated by Chapter 3 (commencing with Section
13210), and which is used for purposes other than as dwelling units
intended for human occupancy, is exempt from the requirements of this
section.
   (d) (1) The owner shall be responsible for testing and maintaining
alarms in hotels, motels, lodging houses, apartment complexes, and
other multiple-dwelling complexes in which units are neither rented
nor leased.
   (2) The owner of a hotel, motel, lodging house, apartment complex,
or other multiple-dwelling complex in which units are rented or
leased, and commencing January 1, 2014, the owner of a single-family
dwelling that is rented or leased, shall be responsible for testing
and maintaining alarms required by this section as follows:
   (A) An owner or the owner's agent may enter any dwelling unit,
efficiency dwelling unit, guest room, and suite owned by the owner
for the purpose of installing, repairing, testing, and maintaining
single station smoke alarms required by this section. Except in cases
of emergency, the owner or owner's agent shall give the tenants of
each such unit, room, or suite reasonable notice in writing of the
intention to enter and shall enter only during normal business hours.
Twenty-four hours shall be presumed to be reasonable notice in
absence of evidence to the contrary.
   (B) At the time that a new tenancy is created, the owner shall
ensure that smoke alarms are operable. The tenant shall be
responsible for notifying the manager or owner if the tenant becomes
aware of an inoperable smoke alarm within his or her unit. The owner
or authorized agent shall correct any reported deficiencies in the
smoke alarm and shall not be in violation of this section for a
deficient smoke alarm when he or she has not received notice of the
deficiency.
   (3) On or before January 1, 2016, the owner of a dwelling unit
intended for human occupancy in which one or more units is rented or
leased shall install additional smoke alarms, as needed, to ensure
that smoke alarms are located in compliance with current building
standards. Existing alarms need not be replaced unless the alarm is
inoperable. New smoke alarms installed in compliance with current
building standards may be battery operated provided the alarms have
been approved by the State Fire Marshal for sale in the state. This
paragraph shall not apply to fire alarm systems with smoke detectors,
fire alarm devices that connect to a panel, or other devices that
use a low-power radio frequency wireless communication signal.
   (e) A violation of this section is an infraction punishable by a
maximum fine of two hundred dollars ($200) for each offense.
   (f) This section shall not affect any rights which the parties may
have under any other provision of law because of the presence or
absence of a smoke alarm.

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Last modified: March 17, 2014