One-Family or Two-Family Rental Units — Smoke Alarms Required
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As used in this section:
“One-family or two-family rental unit” means any rental building containing one (1) or two (2) living units with independent cooking and bathroom facilities, whether designated as a house, cottage, duplex, or condominium, or by any other name; and
“Smoke alarm” means an alarm responsive to smoke and approved by the building construction safety standards adopted pursuant to § 68-120-101; and
Listed by a nationally recognized and approved independent testing agency or laboratory such as Underwriters Laboratories; or
Inspected by an agency authorized to make independent inspections by the state fire marshal.
Notwithstanding chapter 120 of this title, or any other laws to the contrary, it is unlawful to:
Own or operate a one-family or two-family rental unit without installing an approved smoke alarm in each living unit. When activated, the smoke alarm shall initiate a warning sound that is audible in the sleeping rooms of the one-family or two-family rental unit; or
Tamper with or remove any smoke alarm required by this section, or a component of any smoke alarm.
All smoke alarms required by this section shall be installed in accordance with the applicable building construction safety standards as provided in § 68-120-101, and in accordance with the manufacturer's directions, unless those directions conflict with the applicable building construction safety standards. Notwithstanding the building construction safety standards adopted pursuant to § 68-120-101, battery-operated smoke alarms shall be permitted when installed in buildings without commercial power.
Any smoke alarm required by this section shall be maintained by the tenant of the living unit where the smoke alarm is located in accordance with the manufacturer's instructions. However, upon termination of a tenancy in a one-family or two-family rental unit, the owner of the one-family or two-family rental unit shall ensure that any required smoke alarm is operational prior to reoccupancy of the one-family or two-family rental unit.
No alarm silencing switch or audible trouble silencing switch shall be provided, unless its silenced position is indicated by a readily apparent signal.
Compliance with this section does not relieve any person from the requirements of any other applicable law, ordinance, or rule. Nothing contained within this section shall be construed to be in derogation of § 68-120-111.
A violation of this section is a Class A misdemeanor. Each day on which a violation continues constitutes a separate offense under this section.
Section 68-120-106 shall apply with respect to enforcement of this section.
The state fire marshal shall periodically undertake appropriate activities to encourage compliance with and enforcement of this section, as well as §§ 68-120-111 and 68-120-112.