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Copyrighted by SANTA CLARA COUNTY CODE & Municipal Code Corporation, 1998.

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Sec. B7-13. Smoke detector maintenance.

Section 1001.5.1.3, comprising Subsections 1001.5.1.3.1 through 1001.5.1.3.6, inclusive, is added to the Uniform Fire Code to read as follows:

1001.5.1.3. Responsibility for Smoke Detector Maintenance

1001.5.1.3.1. One-and two-family dwellings and mobile homes. The owner of any single-family dwelling, duplex or mobile home shall repair or replace when defective, and maintain in operative condition at all times in which such owner is in possession of the dwelling unit, any smoke detector required under the provisions of the code. At the time that any such dwelling unit is rented or leased to any other person, all required smoke detectors shall be in operative condition. Thereafter, any person to whom said dwelling unit is rented or leased shall be required to maintain such smoke detectors in proper working order and repair or replace them when defective.

1001.5.1.3.2. Hotels, motels and lodging houses. The owner of any hotel, motel or lodging house shall repair or replace all smoke detectors required under the provisions of this section when defective, and maintain such detectors in operating condition at all times.

1001.5.1.3.3. Other dwellings. The owner of any dwelling or dwelling unit other than those specified in Sections 1001.5.1.3.1 and 1001.5.1.3.2 shall repair or replace and maintain in operative condition at all times, all smoke detectors required under the provisions of the code. In dwelling units which are rented, leased or otherwise let for use, the owner shall ensure that all smoke detectors in the dwelling unit are in proper working order each time an occupant takes possession. After the occupant takes possession, it shall be the duty of the occupant to regularly test all smoke detectors in the dwelling unit; and the occupant shall notify the owner immediately in writing of any problem, defect, malfunction or failure of any such smoke detectors. Upon such notification by the occupant that a smoke detector in the dwelling unit is not in proper working order, the owner shall have such smoke detectors repaired or replaced within seven calendar days.

1001.5.1.3.4. Agreement between parties. 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 shall be responsible to ensure compliance with this provision.

1001.5.1.3.5. Notice. Any property owner or his/her authorized agent offering to rent, lease or let residential property subject to the provisions of this section shall give notice of the requirements of Section 1001.5.1.3 to the tenant prior to occupancy. The giving of such notice shall not relieve the property owner from compliance with the requirements of this section.

1001.5.1.3.6. Inspection not required. Nothing in the provisions of this section shall be construed to require any department of the County to conduct any inspection of smoke detectors herein required, nor shall any inspections made imply a duty to inspect other detectors.

(Ord. No. NS-1100.89, § 1, 10-22-02)

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