Smoke Detectors



A landlord must install smoke detectors throughout the apartment. But which rooms require them? For the answer, we turn to the State of Texas Property Code for landlord and tenant.



(a) Before the first tenant takes possession of a dwelling unit,
the landlord shall install at least one smoke detector outside, but
in the vicinity of, each separate bedroom in the dwelling unit,
(1)AAif the dwelling unit is designed to use a single
room for dining, living, and sleeping, the smoke detector must be
located inside the room;
(2)AAif the bedrooms are served by the same corridor, at
least one smoke detector must be installed in the corridor in the
immediate vicinity of the bedrooms; and
(3)AAif at least one bedroom is located on a level above
the living and cooking area, the smoke detector for the bedrooms
must be placed in the center of the ceiling directly above the top
of the stairway.
(b)AAIn this section, "bedroom" means a room designed with
the intent that it be used for sleeping purposes.
Acts 1983, 68th Leg., p. 3650, ch. 576, Sec. 1, eff. Jan. 1, 1984.
ON OR BEFORE SEPTEMBER 1, 1981. (a) If the dwelling unit was
occupied as a residence on or before September 1, 1981, or the
building permit for the unit was issued on or before that date, the
landlord shall install at least one smoke detector in accordance
with Sections 92.255 and 92.257 on or before September 1, 1984.
(b)AABefore September 1, 1984, a tenant may install a
battery-operated smoke detector in the tenant ’s dwelling unit
without the landlord ’s prior consent if the installation is made
according to Sections 92.255 and 92.257. When the tenant ’s lease
terminates, including after a renewal or extension, the tenant may
remove the smoke detector, but the tenant is liable to the landlord
for any unnecessary damages to the dwelling unit caused by the
Acts 1983, 68th Leg., p. 3651, ch. 576, Sec. 1, eff. Jan. 1, 1984.
Sec.A92.257.AAINSTALLATION PROCEDURE. (a) Subject to
Subsections (b) and (c), a smoke detector must be installed
according to the manufacturer ’s recommended procedures.
(b)AAA smoke detector must be installed on a ceiling or wall.
If on a ceiling, it must be no closer than six inches to a wall. If
on a wall, it must be no closer than six inches and no farther than
12 inches from the ceiling.
(c)AAA smoke detector may be located other than as required
by Subsection (b) if a local ordinance or a local or state fire
marshal approves.
Acts 1983, 68th Leg., p. 3651, ch. 576, Sec. 1, eff. Jan. 1, 1984.
Sec. 92.2571.AAALTERNATIVE COMPLIANCE. A landlord complies
with the requirements of this subchapter relating to the provision
of smoke detectors in the dwelling unit if the landlord:
(1)AAhas a fire detection device, as defined by Article
5.43-2, Insurance Code, that includes a smoke detection device
installed in a dwelling unit; or
(2)AAfor a dwelling unit that is a one-family or
two-family dwelling unit, installs smoke detectors in compliance
with Chapter 766, Health and Safety Code.
Added by Acts 2007, 80th Leg., R.S., Ch. 1051, Sec. 12, eff. September 1, 2007.

Posted in Austin, Austin Neighborhoods, Rent Smart

Author Lisa Garza Waltke
Austin Apartment Specialists


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