Smoke Detector Compliance

Home	Search the MLS	Who is Ted Mackel?	Virtual Tours	SUBMIT A REFERRAL	BLOG	Contact

Recently there has been some confusion regarding the placement of smoke detectors. The following information was prepared by California Association of Realtors to clarify the placement of smoke detectors.

The California State Fire Marshal's Interpretation of the State Building Code bulletin, Regs 92-04, dated August 31, 1992, clarifies that existing dwellings are not required to comply with the new smoke detector provisions in the California Building Code which went into effect on August 14, 1992. The new requirement (subsections 3, 4, and 5 of section 1210 of the California Building Code) specifying placement of a smoke detector in every bedroom in addition to the corridor of hallway outside the bedrooms applies only to new construction or any addition, alteration, or repair (as described below). Retrofitting of existing properties to comply with the new California Building Code will be triggered only when a permit is required and not by the sale of the property. The following is a copy of the State Fire Marshal's bulletin. Please note that the title of the bulletin may be misleading, since the bulletin discusses compliance with smoke detector requirements (old or new) not only upon transfer of the property but when there is new construction, additions, alterations, or repairs:

Revised 8/31/92 REGS 92 - 04
SMOKE DETECTOR REQUIREMENTS FOR GROUP R, DIVISION 3 OCCUPANCIES UPON TRANSFER OF PROPERTY BY SALE OR EXCHANGE

Health and Safety Code section 13113.8 requires that every single-family dwelling and factory-built housing sold on or after January 1, 1986 have operable smoke detectors which are approved and listed by the State Fire Marshal and installed in accordance with the State Fire Marshal's regulations.

Single-family dwellings which were built to building codes prior to the 1991 edition shall have State Fire Marshal approved and listed battery-operated smoke detectors installed in accordance with the approved manufacturer's instructions at a point centrally located in the corridor or area giving access to each separate sleeping area.

Effective August 14, 1992, when the valuation of an addition, alteration or repair to a single-family dwelling exceeds $1,000 and a permit is required, or when one of more sleeping rooms are added or created in existing Group R Occupancies, smoke detectors shall be installed in accordance with Subsections 3, 4 and 5 of section 1210, the 1991 California Building Code.

Under the State Building Code, all existing dwelling units (not just single family homes) must have a smoke detector centrally located outside each sleeping area (e.g. a two-story home with bedrooms upstairs and downstairs would need two smoke detectors, one in the hallway outside the bedroom(s) upstairs and one in the hallway outside the bedroom(s) downstairs).

For new construction only, the smoke detector must be hard-wired with a battery backup. For all other dwellings, the smoke detector may be battery operated.

• SALE OR EXCHANGE OF A SINGLE FAMILY DWELLING
Whenever a sale or exchange of a single family dwelling occurs, the seller must provide the buyer with a written statement indicating that the property is in compliance with current California law concerning smoke detectors. C.A.R. Standard Form SDC-11, "Smoke Detector Statement of Compliance," satisfies this written disclosure requirement.

• LOCAL ORDINANCES
Some local ordinances impose more stringent smoke detector requirements than state law. Therefore, affected parties should check with the local city or county building and safety department regarding the smoke detector requirements.

FURTHER INFORMATION
Readers with further questions should contact the office of the State Fire Marshall, or the local city or county building and safety department.

The information contained herein is believed accurate. It is intended to provide general answers to general questions and is not intended as a substitute for individual legal advice. Advice in specific situations may differ depending upon a wide variety of factors. Therefore, readers with specific legal questions should seek the advice of an attorney.