Chapter 92, Subchapter F, Texas Property Code
§
92.251. Definition
§ 92.252.
Application of Other Law; Municipal Regulation
§ 92.253.
Exemptions
§ 92.254.
Smoke Detector
§ 92.255.
Installation and Location in New Construction
§ 92.256.
Installation in Units Constructed or Occupied on or Before
September 1, 1981
§ 92.257.
Installation Procedure
§ 92.258.
Inspection and Repair
§ 92.259.
Landlord's Failure to Install, Inspect, or Repair
§ 92.260.
Tenant Remedies
§ 92.261.
Landlord's Defenses
§ 92.2611.
Tenant's Disabling of a Smoke Detector
§ 92.262.
Agents for Delivery of Notice
In this subchapter, "dwelling unit" means a home, mobile home, duplex unit, apartment unit, condominium unit, or any dwelling unit in a multiunit residential structure. It also means a "dwelling" as defined by Section 92.001.
Acts 1983, 68th Leg., p. 3649, ch. 576, § 1, eff. Jan. 1, 1984.
§ 92.252. Application of Other Law; Municipal Regulation
(a) The duties of a landlord and the remedies of a tenant under this subchapter are in lieu of common law, other statutory law, and local ordinances regarding a residential landlord's duty to install, inspect, or repair a smoke detector in a dwelling unit. However, this subchapter does not:
(1) affect a local ordinance adopted before September 1, 1981, that requires landlords to install smoke detectors in new or remodeled dwelling units before September 1, 1981, if the ordinance conforms with or is amended to conform with this subchapter;
(2) limit or prevent adoption or enforcement of a local ordinance relating to fire safety as a part of a building, fire, or housing code, including any requirements relating to the installation of smoke detectors or the type of smoke detectors;
(3) otherwise limit or prevent the adoption of a local ordinance that conforms to this subchapter but which contains additional enforcement provisions, except as provided by Subsection (b); or
(4) affect a local ordinance that requires regular inspections by local officials of smoke detectors in dwelling units and that requires smoke detectors to be operational at the time of inspection.
(b) If a smoke detector powered by battery has been installed in a dwelling unit built before September 1, 1987, in compliance with this subchapter and local ordinances, a local ordinance may not require that a smoke detector powered by alternating current be installed in the unit unless:
(1) the interior of the unit is repaired, remodeled, or rebuilt at a projected cost of more than $2,500 and the repair, remodeling, or rebuilding requires a municipal building permit;
(2) an addition occurs to the unit at a projected cost of more than $2,500;
(3) a smoke detector powered by alternating current was actually installed in the unit at any time prior to September 1, 1987; or
(4) a smoke detector powered by alternating current was required by lawful city ordinance at the time of initial construction of the unit.
Acts 1983, 68th Leg., p. 3649, ch. 576, § 1, eff. Jan. 1, 1984. Amended by Acts 1987, 70th Leg., ch. 475, § 1, eff. Sept. 1, 1987. Amended by Acts 1997, 75th Leg., ch. 1205, § 13, eff. Sept. 1, 1997.
(a) This subchapter does not apply to:
(1)
a dwelling unit that is occupied by its owner, no
part of which is leased to a tenant;
(2) a dwelling unit in a
building five or more stories in height in which smoke
detectors are required or regulated by local ordinance; or
(3) a nursing or convalescent
home licensed by the Texas Department of Health and
certified to meet the Life Safety Code under federal law
and regulations.
(b) Notwithstanding this subchapter, a person licensed by the State Board of Insurance to install fire alarms or fire detection devices under Article 5.43ñ2, Insurance Code, shall comply with that article when installing smoke detectors.
Acts 1983, 68th Leg., p. 3649, ch. 576, § 1, eff. Jan. 1, 1984.
(a) A smoke detector must be:
(1)
designed to detect both the visible and invisible
products of combustion;
(2) designed with an alarm
audible to the bedrooms it serves;
(3) powered by battery,
alternating current, or other power source as required by
local ordinance;
(4) tested and listed for use
as a smoke detector by Underwriters Laboratories, Inc.,
Factory Mutual Research Corporation, or United States
Testing Company, Inc.; and
(5) in good working
order.
(b) The power system and installation procedure of a security device that is electrically operated rather than battery operated must comply with applicable local ordinances.
Acts 1983, 68th Leg., p. 3650, ch. 576, § 1, eff. Jan. 1, 1984. Amended by Acts 1987, 70th Leg., ch. 475, § 2, eff. Sept. 1, 1987.
§ 92.255. Installation and Location in New Construction
(a) Before the first tenant takes possession of a dwelling unit, the landlord shall install at least one smoke detector outside, but in the vicinity of, each separate bedroom in the dwelling unit, except:
(1) if the dwelling unit is designed to use a single room for dining, living, and sleeping, the smoke detector must be located inside the room;
(2) if the bedrooms are served by the same corridor, at least one smoke detector must be installed in the corridor in the immediate vicinity of the bedrooms; and
(3) if at least one bedroom is located on a level above the living and cooking area, the smoke detector for the bedrooms must be placed in the center of the ceiling directly above the top of the stairway.
(b) In this section, "bedroom" means a room designed with the intent that it be used for sleeping purposes.
Acts 1983, 68th Leg., p. 3650, ch. 576, § 1, eff. Jan. 1, 1984.
§ 92.256. Installation in Units Constructed or Occupied on or Before September 1, 1981
(a) If the dwelling unit was occupied as a residence on or before September 1, 1981, or the building permit for the unit was issued on or before that date, the landlord shall install at least one smoke detector in accordance with Sections 92.255 and 92.257 on or before September 1, 1984.
(b) Before September 1, 1984, a tenant may install a battery-operated smoke detector in the tenant's dwelling unit without the landlord's prior consent if the installation is made according to Sections 92.255 and 92.257. When the tenant's lease terminates, including after a renewal or extension, the tenant may remove the smoke detector, but the tenant is liable to the landlord for any unnecessary damages to the dwelling unit caused by the removal.
Acts 1983, 68th Leg., p. 3651, ch. 576, § 1, eff. Jan. 1, 1984.
§ 92.257. Installation Procedure
(a) Subject to Subsections (b) and (c), a smoke detector must be installed according to the manufacturer's recommended procedures.
(b) A smoke detector must be installed on a ceiling or wall. If on a ceiling, it must be no closer than six inches to a wall. If on a wall, it must be no closer than six inches and no farther than 12 inches from the ceiling.
(c) A smoke detector may be located other than as required by Subsection (b) if a local ordinance or a local or state fire marshal approves.
Acts 1983, 68th Leg., p. 3651, ch. 576, § 1, eff. Jan. 1, 1984.
§ 92.258. Inspection and Repair
(a) The landlord shall inspect and repair a smoke detector according to this section.
(b) The landlord shall determine that the smoke detector is in good working order at the beginning of the tenant's possession by testing the smoke detector with smoke, by operating the testing button on the smoke detector, or by following other recommended test procedures of the manufacturer for the particular model.
(c) During the term of a lease or during a renewal or extension, the landlord has a duty to inspect and repair a smoke detector, but only if the tenant gives the landlord notice of a malfunction or requests to the landlord that the smoke detector be inspected or repaired. This duty does not exist with respect to damage or a malfunction caused by the tenant, the tenant's family, or the tenant's guests or invitees during the term of the lease or a renewal or extension, except that the landlord has a duty to repair or replace the smoke detector if the tenant pays in advance the reasonable repair or replacement cost, including labor, materials, taxes, and overhead.
(d) The landlord must comply with the tenant's request for inspection or repair within a reasonable time, considering the availability of material, labor, and utilities.
(e) The landlord has met the duty to inspect and repair if the smoke detector is in good working order after the landlord tests the smoke detector with smoke, operates the testing button on the smoke detector, or follows other recommended test procedures of the manufacturer for the particular model.
(f) The landlord is not obligated to provide batteries for a battery-operated smoke detector after a tenant takes possession if the smoke detector was in good working order at the time the tenant took possession.
(g) A smoke detector that is in good working order at the beginning of a tenant's possession is presumed to be in good working order until the tenant requests repair of the smoke detector as provided by this subchapter.
Acts 1983, 68th Leg., p. 3651, ch. 576, § 1, eff. Jan. 1, 1984. Amended by Acts 1993, 73rd Leg., ch. 48, § 19, eff. Sept. 1, 1993. Amended by Acts 1995, 74th Leg., ch. 869, § 7, eff. Sept. 1, 1995; Acts 1995, 74th Leg., ch. 918, § 1, eff. Sept. 1, 1995.
§ 92.259. Landlord's Failure to Install, Inspect, or Repair
(a) A landlord is liable according to this subchapter if:
(1)
the landlord did not install a smoke detector at the
time of initial occupancy by the tenant as required
by this subchapter or a municipal ordinance permitted
by this subchapter; or
(2) the landlord does not
install, inspect, or repair the smoke detector on or before
the seventh day after the date the tenant gives the
landlord written notice that the tenant may exercise his
remedies under this subchapter if the landlord does not
comply with the request within seven days.
(b) If the tenant gives notice under Subsection (a)(2) and the tenant's lease is in writing, the lease may require the tenant to make the initial request for installation, inspection, or repair in writing.
Acts 1983, 68th Leg., p. 3652, ch. 576, § 1, eff. Jan. 1, 1984. Amended by Acts 1995, 74th Leg., ch. 869, § 8, eff. Sept. 1, 1995; Acts 1995, 74th Leg., ch. 918, § 2, eff. Sept. 1, 1995.
A tenant of a landlord who is liable under Section 92.259 may obtain or exercise one or more of the following remedies:
(1)
a court order directing the landlord to comply with
the tenant's request if the tenant is in possession
of the dwelling unit;
(2) a judgment against the
landlord for damages suffered by the tenant because of the
landlord's violation;
(3) a judgment against the
landlord for a civil penalty of one month's rent plus $100
if the landlord violates Section 92.259(a)(2);
(4) a judgment against the
landlord for court costs;
(5) a judgment against the
landlord for attorney's fees in an action under Subdivision
(1) or (3); and
(6) unilateral termination of
the lease without a court proceeding if the landlord
violates Section 92.259(a)(2).
Acts 1983, 68th Leg., p. 3653, ch. 576, § 1, eff. Jan. 1, 1984. Amended by Acts 1995, 74th Leg., ch. 869, § 9, eff. Sept. 1, 1995; Acts 1995, 74th Leg., ch. 918, § 3, eff. Sept. 1, 1995.
The landlord has a defense to liability under Section 92.259 if:
(1)
on the date the tenant gives the notice required by
Section 92.259 the tenant has not paid all rent due
from the tenant; or
(2) on the date the tenant
terminates the lease or files suit the tenant has not fully
paid costs requested by the landlord and authorized by
Section 92.258.
Acts 1983, 68th Leg., p. 3653, ch. 576, § 1, eff. Jan. 1, 1984.
§ 92.2611. Tenant's Disabling of a Smoke Detector
(a) A tenant is liable according to this subchapter if the tenant removes a battery from a smoke detector without immediately replacing it with a working battery or knowingly disconnects or intentionally damages a smoke detector, causing it to malfunction.
(b) Except as provided in Subsection (c), a landlord of a tenant who is liable under Subsection (a) may obtain a judgment against the tenant for damages suffered by the landlord because the tenant removed a battery from a smoke detector without immediately replacing it with a working battery or knowingly disconnected or intentionally damaged the smoke detector, causing it to malfunction.
(c) A tenant is not liable for damages suffered by the landlord if the damage is caused by the landlord's failure to repair the smoke detector within a reasonable time after the tenant requests it to be repaired, considering the availability of material, labor, and utilities.
(d) A landlord of a tenant who is liable under Subsection (a) may obtain or exercise one or more of the remedies in Subsection (e) if:
(1) a lease between the landlord and tenant contains a notice, in underlined or boldfaced print, which states in substance that the tenant must not disconnect or intentionally damage a smoke detector or remove the battery without immediately replacing it with a working battery and that the tenant may be subject to damages, civil penalties, and attorney's fees under Section 92.2611 of the Property Code for not complying with the notice; and
(2) the landlord has given notice to the tenant that the landlord intends to exercise the landlord's remedies under this subchapter if the tenant does not reconnect, repair, or replace the smoke detector or replace the removed battery within seven days after being notified by the landlord to do so.
The notice in Subdivision (2) must be in a separate document furnished to the tenant after the landlord has discovered that the tenant has disconnected or damaged the smoke detector or removed a battery from it.
(e) If a tenant is liable under Subsection (a) and the tenant does not comply with the landlord's notice under Subsection (d), the landlord shall have the following remedies against the tenant:
(1)
a court order directing the tenant to comply with the
landlord's notice;
(2) a judgment against the
tenant for a civil penalty of one month's rent plus $100;
(3) a judgment against the
tenant for court costs; and
(4) a judgment against the
tenant for reasonable attorney's fees.
(f) A tenant's guest or invitee who suffers damage because of a landlord's failure to install, inspect, or repair a smoke detector as required by this subchapter may recover a judgment against the landlord for the damage. A tenant's guest or invitee who suffers damage because the tenant removed a battery without immediately replacing it with a working battery or because the tenant knowingly disconnected or intentionally damaged the smoke detector, causing it to malfunction, may recover a judgment against the tenant for the damage.
Added by Acts 1995, 74th Leg., ch. 869, § 10, eff. Sept. 1, 1995; Acts 1995, 74th Leg., ch. 918, § 4, eff. Sept. 1, 1995; Acts 1997, 75th Leg., ch. 165, § 28.01, eff. Sept. 1, 1997.
§ 92.262. Agents for Delivery of Notice
A managing or leasing agent, whether residing or maintaining an office on-site or off-site, is the agent of the landlord for purposes of notice and other communications required or permitted by this subchapter.
Acts 1983, 68th Leg., p. 3653, ch. 576, § 1, eff. Jan. 1, 1984.