Section 299F.362 Smoke Detector; Installation; Rules; Penalty
299F.362 SMOKE DETECTOR; INSTALLATION; RULES; PENALTY.
Subdivision 1.Definitions.
For the purposes of this section, the following definitions shall apply:
(a) "Apartment house" is any building, or portion thereof, which is designed, built, rented, leased, let, or hired out to be occupied, or which is occupied as the home or residence of three or more families living independently of each other and doing their own cooking in the building, and shall include buildings containing three or more flats or apartments.
(b) "Dwelling" is any building, or any portion thereof, which is not an apartment house, lodging house, or a hotel and which contains one or two "dwelling units" which are, or are intended or designed to be, occupied for living purposes.
(c) "Dwelling unit" is a single unit providing complete, independent living facilities for one or more persons including permanent provisions for living, sleeping, eating, cooking, and sanitation, or a single unit used by one or more persons for sleeping and sanitation pursuant to a work practice or labor agreement.
(d) "Hotel" is any building, or portion thereof, containing six or more guest rooms intended or designed to be used, or which are used, rented, or hired out to be occupied, or which are occupied for sleeping purposes by guests.
(e) "Lodging house" is any building, or portion thereof, containing not more than five guest rooms which are used or are intended to be used for sleeping purposes by guests and where rent is paid in money, goods, labor, or otherwise.
Subd. 2.Rules, smoke detector location.
The commissioner of public safety shall promulgate rules concerning the placement of smoke detectors in dwellings, apartment houses, hotels, and lodging houses. The rules shall take into account designs of the guest rooms or dwelling units.
Subd. 3.Smoke detector for any dwelling.
Every dwelling unit within a dwelling must be provided with a smoke detector meeting the requirements of the State Fire Code. The detector must be mounted in accordance with the rules regarding smoke detector location adopted under subdivision 2. When actuated, the detector must provide an alarm in the dwelling unit.
Subd. 3a.Smoke detector for new dwelling.
In construction of a new dwelling, each smoke detector must be attached to a centralized power source.
Subd. 4.Smoke detector for apartment, lodging house, or hotel.
Every dwelling unit within an apartment house and every guest room in a lodging house or hotel used for sleeping purposes must be provided with a smoke detector conforming to the requirements of the State Fire Code. In dwelling units, detectors must be mounted in accordance with the rules regarding smoke detector location adopted under subdivision 2. When actuated, the detector must provide an alarm in the dwelling unit or guest room.
Subd. 5.Maintenance responsibilities.
For all occupancies covered by this section where the occupant is not the owner of the dwelling unit or the guest room, the owner is responsible for maintenance of the smoke detectors. An owner may file inspection and maintenance reports with the local fire marshal for establishing evidence of inspection and maintenance of smoke detectors.
Subd. 5a.Inform owner; no added liability.
The occupant of a dwelling unit must inform the owner of the dwelling unit of a nonfunctioning smoke detector within 24 hours of discovering that the smoke detector in the dwelling unit is not functioning. If the occupant fails to inform the owner under this subdivision, the occupant's liability for damages is not greater than it otherwise would be.
Subd. 6.Penalties.
(a) Any person who violates any provision of this section shall be subject to the same penalty and the enforcement mechanism that is provided for violation of the State Fire Code, as specified in section 299F.011, subdivision 6.
(b) An occupant who willfully disables a smoke detector or causes it to be nonfunctioning, resulting in damage or injury to persons or property, is guilty of a misdemeanor.
Subd. 7.Local government preempted.
This section prohibits a local unit of government from adopting standards different from those provided in this section.
Subd. 8.
[Repealed, 1991 c 199 art 1 s 67]
Subd. 9.Local government ordinance; installation in single-family residence.
Notwithstanding subdivision 7, or other law, a local governing body may adopt, by ordinance, rules for the installation of a smoke detector in single-family homes in the city that are more restrictive than the standards provided by this section. Rules adopted pursuant to this subdivision may be enforced through a truth-in-housing inspection.
Subd. 10.
MS 1988 [Repealed, 1989 c 322 s 5]
Subd. 10.Public fire safety educator.
The position of Minnesota public fire safety educator is established in the Department of Public Safety.
Subd. 11.Insurance claim.
No insurer shall deny a claim for loss or damage by fire for failure of a person to comply with this section.
History:
1977 c 333 s 2; 1978 c 777 s 7; 1987 c 122 s 1; 1987 c 201 s 4-6; 1989 c 322 s 1-5,7; 1991 c 233 s 110; 1993 c 329 s 1,2; 2005 c 136 art 9 s 11,12,14