arib: (Default)
arib ([personal profile] arib) wrote2004-09-14 12:15 am

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Does anyone have any idea of the legal obligation for a landlord to provide smoke detectors to tenants? I just realized that we don't have any.

[identity profile] mactavish.livejournal.com 2004-09-13 09:26 pm (UTC)(link)
It probably varies by state. In California, we have to have at least one (per floor? or per living space) with fresh batteries in it when the tenant first moves in.

[identity profile] chaiya.livejournal.com 2004-09-13 09:54 pm (UTC)(link)
It might vary by city, even. I know, however, that we as landlords in Somerville are required to have smoke detectors for our 3rd floor tenants. I think we might need to get one for each floor, come to think of it. And in S'ville, we're required to have them hard-wired into a dedicated circuit of electricity that isn't on the tenant electric bill. Whee! :)

[identity profile] mactavish.livejournal.com 2004-09-13 09:59 pm (UTC)(link)
Ours can be battery powered, and though landlords have to make sure there's a fresh battery in it at renting, the tenants are responsible for changing the battery regularly enough.

[identity profile] qweeeejk.livejournal.com 2004-09-13 11:56 pm (UTC)(link)
It's usually a building code thing. In Massachusetts, if you're in a one- or two-family dwelling, the reg is 780 CMR 3603.16 (http://www.mass.gov/bbrs/780CMR_Ch3603.pdf) (starting on page 21 of the linked doc). If you're in an apartment, you want 780 CMR 919 (http://www.mass.gov/bbrs/780CMR_Ch09.pdf) (start on page 34). At least one in each bedroom, at least one per storey of a dwelling unit, plus other obvious locations. They must be AC-powered with battery backup. Note that it is the owner's responsibility, emphasis theirs, to make sure the system is regularly checked (not to mention exists).

Lots of other interesting reading too, if you're into that sort of thing.

[personal profile] cheshyre 2004-09-14 05:36 am (UTC)(link)
When we bought the house, which is a 3-family, the fire inspectors insisted we have hardwired smoke detectors. We made it part of our conditions for the sellers, so they put in the cheapest ugliest ones they could.
IANAL, but if you've got a 2-family you're probably ok w/o them, 3-family it may be more required.
Probably your best bet would be to call the fire inspectors, or if the inspectors already checked the house just stick with what they told you then.
Secondly, you could check with http://www.attorneyross.com who's an expert on Mass landlord/tenant law (don't know if youknow him; he's regularly at Arisia & the other local cons; wears a red cape). You may have to pay a little for his advice, but we've had half-hour appointments, which weren't unreasonable at all.

Good luck.