By Robin F. Oliver, Consumer Protection Officer
Did you know that a new law, effective January 1, 1996, requires smoke detectors in all residential rental properties in North Carolina, regardless of the age of the dwelling? Media reports of fatal fires in rental properties which did not have working smoke detectors may indicate a need for the new law.
The smoke detector law imposes a duty on landlords and their agents to:
1) provide operable smoke detectors. The detectors may be either battery-operated or electrical, but they must have a UL (Underwriters' Laboratories, Inc.) listing or other equivalent national testing laboratory approval;
2) properly install all detectors in accordance with either the standards of the National Fire Protection Association or the minimum protection designated in the manufacturer's instructions. (Manufacturer's instructions must be saved as proof of compliance by any landlord or agent who installs smoke detectors according to the manufacturer's minimum protection standards);
3) replace or repair the smoke detectors when notified by the tenant in writing of any needed replacement or repairs; and
4) replace all batteries in a battery-operated smoke detector at the beginning of each tenancy unless the landlord and tenant have a written agreement to the contrary. (Without an agreement to the contrary, the tenant is responsible for replacing batteries in a battery-operated smoke detector during the course of the tenancy.)
Caveat
Real estate licensees must comply with this new smoke detector law when acting as property managers for others and when handling any personal rental properties. Any licensee who fails to comply with the law will be subject to disciplinary action by the Real Estate Commission.