SMOKE DETECTORS: RENTERS HAVE RIGHTS, LANDLORDS RESPONSIBILITIES

Cape Girardeau Fire Inspector Tom Hinkebein says there is some confusion and misunderstanding about rules and regulations concerning the installation and operation of smoke detectors in the city.

"I get several calls each week from people asking questions about smoke detectors, and most of them are the same questions," said Hinkebein. They go like this, he said: "`My friend has a smoke detector in his apartment, but I don't. How come? I tested my smoke detector and it doesn't work, but my landlord refuses to fix it. Can you help me?, How many smoke detectors do I need, and when should I change the batteries?'"

Hinkebein said there is an increased awareness by the public on the need for smoke detectors. "More detectors are being installed and are in use in homes and apartments today than ever before," he said. "The low cost of smoke detectors have made them a "no-excuse-not-to-have-one item."

But along with the increased awareness has come some confusion and misunderstanding about the rules and regulations pertaining to the installation and maintenance of smoke detectors, and what where they are required to be installed.

"Our local fire code requires smoke detectors in all buildings that have three or more dwelling units," said Hinkebein. "This includes hotels, motels, boarding homes and any apartment or converted residential building designed to have more than two families living on the same premises regardless of the age of the building."

Hinkebein said there are some exceptions, such as fully sprinkled buildings, but in most cases the requirements are standard.

"It is the responsibility of the property owner or landlord to maintain and check the smoke detector systems every three months and test the systems at six- month intervals," he explained. "Anyone tampering or interfering with the effectiveness of a smoke detector is in violation of the fire code."

Hinkebein said on a number of recent fire calls to apartment and multiple-family dwellings, firefighters discovered some of the smoke detectors had been tampered with so they would not operate, or were never installed in the first place, as required by the code.

Hinkebien believes many of the code violations result from a mis-understanding of what the fire code requires.

"Many landlords and property owners are apparently confused about the code," said Hinkebein. "They mistakenly believe the fire code regulation on smoke detectors applies only to new buildings. That's not true. These rules have been in existence for many years."

Hinkebein said there is no "grandfather clause" in the fire code. All multiple-family dwellings specified in the fire code must have operating smoke detectors, and it is the responsibility of the landlord or property owner to make sure they have them installed and in operation, he said.

Hinkebein said the latest BOCA building code that was adopted by the city in 1990 now includes smoke detectors on the occupancy permit checklist for new dwellings. Before a permit can be issued, the building inspector must know that smoke detectors have been installed and are in operating condition.

This includes both single-family and multiple-family dwellings in addition to apartments, boarding homes, and residences converted into mutiple-family quarters.

"But that still leaves a lot of the other buildings that were built prior to the 1990 code, or new buildings where the landlord has allowed the smoke detectors to become in-operable," he said. "That's why it is important for renters to know what their rights are. A smoke detector is now considered a part of the required appliances for renters, such as a stove or refrigerator. Renters should request the landlord make sure the smoke detector is in working order when they move in."

Hinkebein said in most newer apartment buildings smoke detectors are electrically operated and cannot be easily tampered with. That's not the case in boarding homes, older apartment buildings, or converted residences where smoke detectors are usually battery operated.

"We have seen instances where the tenants themselves removed the batteries. If another tenant moves in and the landlord doesn't check the smoke detector, they have no way of knowing if the detector will work in case of a fire," he said.

Hinkebein said he also receives a lot of calls from parents of university students who rent apartments or converted multiple-family houses. "All the kids want is a cheap place to rent, but the parents are concerned about their child's safety. They want to know if smoke detectors are required. The answer is yes, and it's the landlord's responsibility to make sure that they are installed and operating."

For those who want to purchase and install smoke detectors in single-family homes, Hinkebein said all smoke detectors come with detailed instructions on where they should be placed in the home.

The guidelines suggest at least one detector on each floor of the residence, including the basement. "The smoke detector is an early warning device so it should be placed where it will give a sleeping person time to wake up and escape," said Hinkebein.

The fire department recommends smoke detector batteries be changed at least once a year; preferably twice a year: during the first weekend in April and on the last Sunday in October.

In multiple-family units such as apartments, boarding homes, multi-family converted housing, motels and hotels, smoke detectors should be installed in the immediate vicinity of each bedroom in the structure and on every story of the building, including the basement.

Hinkebein said anyone now living in a an apartment building or converted multi-family residence that does not have working smoke detectors near the bedroom and on each floor of the building should contact their landlord immediately, or the fire department.

"Smoke detectors do save lives," said Hinkebein. "I hope this information clearly explains the rights of renters and the responsibilities of landlords on the installation and operation of smoke detectors. If there are questions, do not hesitate to contact the fire department at 334-3211."