CHAPTER 766. FIRE SAFETY IN RESIDENTIAL DWELLINGS
HEALTH AND SAFETY CODE
TITLE 9. SAFETY
SUBTITLE A. PUBLIC SAFETY
CHAPTER 766. FIRE SAFETY IN RESIDENTIAL DWELLINGS
Sec. 766.001. DEFINITIONS. In this chapter:
(1) "Carbon monoxide alarm" means a device that detects and
sounds an alarm to indicate the presence of a harmful level of
carbon monoxide gas.
(2) "Department" means the Texas Department of Insurance.
(3) "Fossil fuel" includes coal, kerosene, oil, wood, fuel
gases, and other petroleum or hydrocarbon products.
(4) "One-family or two-family dwelling" means a structure that
has one or two residential units that are occupied as, or
designed or intended for occupancy as, a residence by
individuals.
(5) "Smoke detector" means a device or a listed component of a
system that detects and sounds an alarm to indicate the presence
of visible or invisible products of combustion in the air.
(6) "Smoke detector for hearing-impaired persons" has the
meaning assigned by Section 792.001.
Added by Acts 2007, 80th Leg., R.S., Ch.
1051, Sec. 10, eff. September 1, 2007.
Sec. 766.002. SMOKE DETECTOR REQUIREMENT. (a) Each one-family
or two-family dwelling constructed in this state must have
working smoke detectors installed in the dwelling in accordance
with the smoke detector requirements of the building code in
effect in the political subdivision in which the dwelling is
located, including performance, location, and power source
requirements.
(b) If a one-family or two-family dwelling does not comply with
the smoke detector requirements of the building code in effect in
the political subdivision in which the dwelling is located, any
home improvement to the dwelling that requires the issuance of a
building permit must include the installation of smoke detectors
in accordance with the building code in effect in the political
subdivision in which the dwelling is located, including
performance, location, and power source requirements.
Added by Acts 2007, 80th Leg., R.S., Ch.
1051, Sec. 10, eff. September 1, 2007.
Sec. 766.0021. SMOKE DETECTOR FOR HEARING-IMPAIRED PERSONS. (a)
A purchaser under a written contract for the sale of a
one-family or two-family dwelling may require the seller to
install smoke detectors for hearing-impaired persons if:
(1) the purchaser or a member of the purchaser's family who will
reside in the dwelling is a hearing-impaired person;
(2) the purchaser provides written evidence of the hearing
impairment signed by a licensed physician; and
(3) not later than the 10th day after the effective date of the
contract, the purchaser requests in writing that the seller
install smoke detectors for hearing-impaired persons and
specifies the locations in the dwelling where the smoke detectors
are to be installed.
(b) If the seller is required to install smoke detectors for
hearing-impaired persons under Subsection (a), the seller and
purchaser may agree:
(1) which party will bear the cost of installing the smoke
detectors; and
(2) which brand of smoke detectors to install.
(c) The seller must install the smoke detectors not later than
the closing date of the sale of the dwelling.
(d) A purchaser may terminate the contract to purchase the
dwelling if the seller fails to install smoke detectors for
hearing-impaired persons as required by this section.
Added by Acts 2007, 80th Leg., R.S., Ch.
1051, Sec. 10, eff. September 1, 2007.
Sec. 766.0025. FRATERNITY AND SORORITY HOUSES. (a) In this
section, "fraternity or sorority house" means a dwelling that:
(1) is a separate structure and that is not a multiunit
residential property composed of multiple independent residential
units; and
(2) serves as living quarters for members of a fraternity or
sorority.
(b) The owner of a fraternity or sorority house must have
working smoke detectors installed in the fraternity house or
sorority house in accordance with the smoke detector requirements
of the building code in effect in the political subdivision in
which the fraternity or sorority house is located, including
performance, location, and power source requirements.
Added by Acts 2007, 80th Leg., R.S., Ch.
1051, Sec. 10, eff. September 1, 2007.
Sec. 766.003. INFORMATION RELATING TO FIRE SAFETY AND CARBON
MONOXIDE DANGERS. (a) The department shall prepare information
of public interest relating to:
(1) fire safety in the home; and
(2) the dangers of carbon monoxide.
(b) The information must inform the public about:
(1) ways to prevent fires in the home, and actions to take if a
fire occurs in the home;
(2) the need to test smoke detectors every month to ensure the
smoke detector is working;
(3) replacing the battery in a battery-operated smoke detector
every six months;
(4) the need to have fire safety equipment in the home,
including fire extinguishers and emergency escape ladders;
(5) the need to develop and practice a fire escape plan;
(6) the availability of carbon monoxide detectors;
(7) using carbon monoxide alarms as a backup to prevent carbon
monoxide poisoning; and
(8) the need to properly use and maintain fossil fuel-burning
appliances.
(c) The department shall distribute the information described by
this section to the public in any manner the department
determines is cost-effective, including providing the information
on the department's Internet website and publishing informational
pamphlets.
Added by Acts 2007, 80th Leg., R.S., Ch.
1051, Sec. 10, eff. September 1, 2007.