100.18 - SMOKE DETECTORS.
100.18 SMOKE DETECTORS.
1. As used in this section:
a. "Dormitory" means a residential building or portion of a
building at an educational institution which houses students in rooms
not individually equipped with cooking facilities.
b. "Multiple-unit residential building" means a residential
building, an apartment house, or a portion of a building or an
apartment house with two or more units, hotel, motel, dormitory, or
rooming house.
c. "Smoke detector" means a device which detects visible or
invisible particles of combustion and which incorporates control
equipment and an alarm-sounding unit operated from a power supply
either in the unit or obtained at the point of installation.
2. a. Except as provided in subsection 3, multiple-unit
residential buildings and single-family dwellings the construction of
which is begun on or after July 1, 1991, shall include the
installation of smoke detectors in compliance with the rules
established by the state fire marshal under subsection 4.
b. The rules shall require the installation of smoke
detectors in existing single-family rental units and multiple-unit
residential buildings. Existing single-family dwelling units shall
be equipped with approved smoke detectors. A person who files for a
homestead credit pursuant to chapter 425 shall certify that the
single-family dwelling unit for which the credit is filed has a smoke
detector installed in compliance with this section, or that one will
be installed within thirty days of the date the filing for the credit
is made. The state fire marshal shall adopt rules and establish
appropriate procedures to administer this subsection.
c. An owner or an owner's agent of a multiple-unit
residential building or single-family dwelling shall supply
light-emitting smoke detectors, upon request, for a tenant with a
hearing impairment.
3. This section does not require the following:
a. The installation of smoke detectors in multiple-unit
residential buildings which, on July 1, 1981, are equipped with heat
detection devices or a sprinkler system with alarms approved by the
state fire marshal.
b. The installation of smoke detectors in hotels, motels, and
dormitories equipped with an automatic smoke detection system
approved by the state fire marshal.
4. The state fire marshal shall enforce the requirements of
subsection 2 and may implement a program of inspections to monitor
compliance with the provisions of that subsection. Upon inspection,
the state fire marshal shall issue a written notice to the owner or
manager of a multiple-unit residential building or single-family
dwelling informing the owner or manager of compliance or
noncompliance with this section. The state fire marshal may contract
with any political subdivision without fee assessed to either the
state fire marshal or the political subdivision, for the performance
of the inspection and notification responsibilities. The inspections
authorized under this section are limited to the placement, repair,
and operability of smoke detectors. Any broader inspection authority
is not derived from this section. The state fire marshal shall adopt
rules under chapter 17A as necessary to enforce this section
including rules concerning the placement of smoke detectors and the
use of acceptable smoke detectors. The smoke detectors shall display
a label or other identification issued by an approved testing agency
or another label specifically approved by the state fire marshal.
5. The inspection of a building or notification of compliance or
noncompliance under this section is not the basis for a legal cause
of action against the political subdivision, state fire marshal, the
fire marshal's subordinates, chiefs of local fire departments,
building inspectors, or other fire, building, or safety officials due
to a failure to discover a latent defect in the course of the
inspection.
6. If a smoke detector is found to be inoperable the owner or
manager of the multiple-unit residential building or single-family
dwelling shall correct the situation within fourteen days after
written notification to the owner or manager by the tenant, guest,
roomer, state fire marshal, fire marshal's subordinates, chiefs of
local fire departments, building inspectors, or other fire, building,
or safety officials. If the owner or manager of a multiple-unit
residential building fails to correct the situation within the
fourteen days the tenant, guest, or roomer may cause the smoke
detector to be repaired or purchase and install a smoke detector
required under this section and may deduct the repair cost or
purchase price from the next rental payment or payments made by the
tenant, guest, or roomer. However, a lessor or owner may require a
lessee, tenant, guest, or roomer who has a residency of longer than
thirty days to provide the battery for a battery operated smoke
detector.
7. No person may render inoperable a smoke detector, which is
required to be installed by this section, by tampering.
8. A person who violates a provision of this section or a rule
adopted pursuant to this section is guilty of a simple misdemeanor.
Section History: Early Form
[81 Acts, ch 45, § 1, 2; 82 Acts, ch 1157, § 7] Section History: Recent Form
83 Acts, ch 198, § 13; 91 Acts, ch 64, §1--6; 94 Acts, ch 1078,
§4; 2008 Acts, ch 1032, §17