CIVIL CODE RE SMOKE DETECTORS: 13113.7 & 13114 smokecc.sdcpm.com

13113.7. (a) (1) Except as otherwise provided in this section, smoke alarms, 
approved and listed by the State Fire Marshal pursuant to Section 13114 at the 
time of installation shall be installed, in accordance with the manufacturer's instructions in each 
dwelling intended for human occupancy 

 (2) For all dwelling units intended for human occupancy for which a building permit is 
issued on or after January 1, 2014, for alterations, repairs, or additions exceeding 
one thousand dollars ($1,000), the permit issuer shall not sign off on the 
completion of work until the permittee demonstrates that all smoke alarms required 
for the dwelling unit are devices approved and listed by the State Fire Marshal 
pursuant to Section 13114. 

 (3) However, if any local rule, regulation, or ordinance, adopted prior to January 1, 
1987, requires installation in a dwelling unit intended for human occupancy of 
smoke alarms which receive their power from the electrical system of the building 
and requires compliance with the local rule, regulation, or ordinance at a date 
subsequent to the dates specified in this section, the compliance date specified in 
the rule, regulation, or ordinance shall, but only with respect to the dwelling units 
specified in this section, take precedence over the dates specified in this section. 

 (4) Unless prohibited by local rules, regulations, or ordinances, a battery-operated 
smoke alarm, which otherwise meets the standards adopted pursuant to Section 
13114 for smoke alarms at the time of installation satisfies the requirements of 
this section. 

 (5) A fire alarm system with smoke detectors installed in accordance with the State 
Fire Marshal’s regulations may be installed in lieu of smoke alarms required 
pursuant to paragraph (1) or (2) of this subdivision, or paragraph (3) of subdivision 
(d). 

(b) "Dwelling units intended for human occupancy," as used in this section, includes a one- 
or two-unit dwelling, lodging house, apartment complex, hotel, motel, condominium, 
stock cooperative, time-share project, or dwelling unit of a multiple-unit dwelling 
complex or factory-built housing as defined in Section 19971. For the purpose of this 
part, "dwelling units intended for human occupancy" does not include manufactured 
homes as defined in Section 18007, mobile homes as defined in Section 18008, and 
commercial coaches as defined in Section 18001.8. 

(c) A high rise structure, as defined in subdivision (b) of Section 13210 and regulated by 
Chapter 3 (commencing with Section 13210), and which is used for purposes other than 
as dwelling units intended for human occupancy, is exempt from the requirements of this 
section. 

(d) (1) The owner shall be responsible for testing and maintaining alarms in hotels, 
motels, lodging houses, apartment complexes, and other multiple dwelling 
complexes in which units are neither rented nor leased. 

 (2) The owner of a hotel, motel, lodging houses, apartment complex, or other 
multiple-dwelling complexes in which units are rented or leased, and 
commencing January 1, 2014, the owner of a single-family dwelling that is rented 
or leased, shall be responsible for testing and maintaining alarms required by this 
the section as follows: 

 (A) An owner or the owner's agent may enter any dwelling unit, efficiency 

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 dwelling unit, guest room, and suite owned by the owner for the purpose 
of installing, repairing, testing, and maintaining single station smoke 
detectors required by this section. Except in cases of emergency, the 
owner or owner's agent shall give the tenants of each such unit, room, or 
suite reasonable notice in writing of the intention to enter and shall enter 
only during normal business hours. Twenty-four hours shall be presumed 
to be reasonable notice in absence of evidence to the contrary. 

the (B) At the time that a new tenancy is created, the owner shall ensure that 
smoke alarms are operable. The tenant shall be responsible for notifying 
the manager or owner if the tenant becomes aware of an inoperable smoke 
alarm within his or her unit. The owner or authorized agent shall correct 
any reported deficiencies in the smoke alarm and shall not be in violation 
of this section for a deficient smoke alarm when he or she has not received 
notice of the deficiency. 

 (3) On or before January 1, 2016, the owner of a dwelling unit intended for human 

occupancy in which one or more units is rented or leased shall install additional 
smoke alarms, as needed, to ensure that smoke alarms are located in compliance 
with current building standards. Existing alarms need not be replaced unless that 
alarm is inoperable. New smoke alarms installed in compliance with current 
building standards may be battery operated provided that alarms have been 
approved by the State Fire Marshal for sale in the state. This paragraph shall not 
apply to fire alarm systems with smoke detectors, fire alarms devices that connect 
to a panel, or other devices that use a low-power radio frequency wireless 
communication signal. 

(e) A violation of this section is an infraction punishable by a maximum fine of two hundred 
dollars ($200) for each offense. 

(f) This section shall not affect any rights which the parties may have under any other 
provision of law because of the presence or absence of a smoke alarm. 

 


13114. (a) The State Fire Marshal, with the advice of the State Board of Fire Services, shall 
adopt regulations and standards as he or she may determine to be necessary to control the quality 
and installation of fire alarm systems and fire alarm devices marketed, distributed, offered for 
sale, or sold in this state. 

(b) (1) No person shall market, distribute, offer for sale, or sell any fire alarm system or 
fire alarm device in this state unless the system or device has been approved and listed by 
the State Fire Marshal. 

(2) (A) Except as provided in subparagraph (B), commencing July 1, 2014, in order 
to be approved and listed by the State Fire Marshal, a smoke alarm that is only 
operated by a battery shall contain a nonreplaceable non removable battery that is 
capable of powering the smoke alarm for at least 10 years 

(B) This paragraph shall not apply to smoke alarms that have been ordered by, or 
are in the inventory of, an owner, managing agent, contractor, wholesaler, or 
retailer on or before July 1, 2014, until July 1, 2015. 

(3) Commencing January 1, 2015, in order to be approved and listed by the State Fire 
Marshal, a smoke alarm shall display the date of manufacture on the device, 
provide a place on the device where the date of installation can be written, and 
incorporate a hush feature. 

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(4) The State Fire Marshal shall have the authority to create exceptions to paragraphs 
(2) and (3) through its regulatory process. The exceptions that may be considered 
as part of the regulatory process shall include, but are not limited to, fire alarm 
systems with smoke detectors, fire alarm devices that connect to a panel, or other 
devices that use a low-power radio frequency wireless communication signal. 

(5) The State Fire Marshal shall approve the manufacturer’s instructions for each 
smoke alarm and shall ensure that the instructions are consistent with current 
building standard requirements for the location and placement of smoke alarms. 



Reviewed 11/2015