San Jose Municipal Code Part 7 Fire Detection Systems

A. Requirements. Every dwelling unit including single-family dwellings, mobilehomes, multiple-family dwellings and all buildings or dwellings subject to the provisions of Part 8 of Chapter 17.20 of Title 17 of this Code shall provide and maintain smoke detectors as set forth herein. Said smoke detectors shall conform to the requirements of the Uniform Building Code edition in effect on the date of installation.

B. Standards. Every dwelling unit used for sleeping purposes shall be provided with smoke detector(s). The detector(s) shall be mounted on the ceiling or wall at a point centrally located in the corridor or area giving access to rooms used for sleeping purposes. Where sleeping rooms are on an upper level, a detector shall be placed at the center of the ceiling directly above the upper landing of the stairway. Within each and every efficiency dwelling unit or sleeping room or suite of a hotel or lodging house, a detector shall be located on the ceiling of the sleeping room or the ceiling of the main room of the efficiency unit or suite.

Each such detector shall be located in accordance with approved manufacturer's instructions. Care shall be exercised to ensure that the installation shall not interfere in any way with the operating characteristics of the detector. When activated, the detector shall provide an audible alarm in the dwelling unit. Each such detector shall either receive its primary power from the building wiring or be battery operated.

(Ords. 20659, 20979.)

Nothing in Section 17.20.450 shall preclude the owner of said dwelling unit from replacing any smoke detector required by this part with another smoke detector which conforms to the requirements of the Uniform Building Code edition in effect at the time such replacement is installed.

(Ord. 20979.)

Every smoke detector required under this part shall be deemed to be a fixture for purposes of transfer of title.

(Ord. 20979.)

A. Single-Family, Duplex Dwellings and Mobilehomes. The owner of any single-family, duplex dwelling or mobilehome shall have the obligation to install smoke detectors as required by this part and to ensure that said smoke detector(s) are maintained in proper working order at all times during which said owner is in possession of the dwelling unit and at the time said owner offers to rent, lease or let for use such dwelling unit to any other person. Thereafter, any person or persons to whom said dwelling unit is rented, leased or let shall be required to maintain said smoke detector(s) in proper working order.

B. Other Dwellings. Every smoke detector required under this part for dwellings other than single-family, duplex dwellings, and mobilehomes shall be maintained in operable condition by the owner of the dwelling unit. In dwelling units which are rented, leased, or otherwise let for use, the owner shall ensure that all required smoke detector(s) are installed and that all smoke detector(s) in the dwelling unit are in proper working over each time an occupant takes possession. After the occupant takes possession, it shall be the duty of the occupant to regularly test all smoke detector(s) in the dwelling unit and the occupant shall notify the owner or owner's agent or the manager of the dwelling units immediately in writing of any problem, defect, malfunction or failure of any such smoke detector(s). Upon such notification by the occupant that a smoke detector in a dwelling unit is not in proper working order, the owner's agent shall be responsible to have such smoke detector(s) repaired or replaced within seven days. The owner shall provide the necessary funds in order to enable the owner's agent or the manager of the dwelling units to repair or replace such smoke detector(s) within the time specified in this subsection for such repair or replacement. Nothing in this provision shall preclude a rental or lease agreement from providing that a tenant has the responsibility for repair or maintenance; however, such provision notwithstanding, the owner, the owner's agent and the manager of the dwelling units shall be responsible to ensure compliance with this provision.

C. Nonowner Responsibility. No tenant or other person shall remove or cause or allow any smoke detector(s) required pursuant to this chapter to be located in any dwelling unit to malfunction as the result of either removal of such smoke detector(s) or removal or alteration of any device(s) providing energy for the operation of such smoke detector(s). No tenant shall cause or allow any other person to remove or cause or allow any smoke detector(s) located in such dwelling unit pursuant to this chapter to malfunction as the result of either removal of such smoke detector(s) or removal or alteration of any device(s) providing energy for the operation of such smoke detector(s).

(Ords. 20979, 21887.)

Where the holder of a permit of occupancy, as provided in Part 8 of Chapter 17.20, is some person or persons other than an owner of the real property, such person(s) shall be deemed to be an "owner" for purposes of this part.

(Ord. 20979.)

Any property owner or his/her authorized agent offering to rent, lease or let residential property subject to the provisions of this part shall give notice of the requirements of Section 17.20.465 to the tenant prior to occupancy. The giving of such notice shall not relieve the property owner from compliance with the requirements of this part.

(Ord. 20979.)

Whenever a multiple dwelling is subject to the provisions of Part 8 of Chapter 17.20, the application for a permit of occupancy filed in compliance with Section 17.20.520 shall be accompanied by a certificate signed by the applicant attesting to compliance with this part.

(Ord. 20979.)

All existing single-family and duplex dwelling units and mobilehomes not required to be provided with smoke detector(s) under preexisting law shall have until January 1, 1983, to install smoke detectors in conformity to the provisions of this part.

(Ord. 20979.)

Nothing in the provisions of this part shall be construed to require any agency of the city to conduct any inspection of the smoke detectors herein required nor shall any actual inspections made imply a duty to inspect other detectors. Furthermore, this part shall not be construed to hold the city or any officer, employee or representative of the city responsible for any damage to persons or property by reason of making an inadequate or negligent inspection or by reason of any failure to make an inspection or reinspection.

(Ord. 20979.)

A civil action against a property owner may be instituted by a buyer, renter or other aggrieved party to obtain damages and/or require compliance with the requirements of this part. Damages shall include actual damages, costs, attorneys' fees and a civil penalty of four hundred dollars in addition thereto. The court may award punitive damages in a proper case. Nothing in this provision shall be construed to limit any other right or remedy otherwise available in law to any party, nor shall this provision in any way limit the city's right to enforcement under Chapter 1.08 of this Code.

(Ord. 20979.)