(a) The landlord shall:
(5) Provide operable smoke alarms, either battery-operated or electrical, having an Underwriter’s Laboratories, Inc., listing or other equivalent national testing laboratory approval and install the smoke alarms in accordance with either the standards of the National Fire Protection Association or the minimum protection designated in the manufacturer’s instructions, which the landlord shall retain or provide as proof of compliance. The landlord shall replace or repair the smoke alarms within 15 days of receipt of notification if the landlord is notified of needed replacement or repairs in writing by the tenant. The landlord shall ensure that a smoke alarm is operable and in good repair at the beginning of each tenancy. Unless the landlord and the tenant have a written agreement to the contrary, the landlord shall place new batteries in a battery-operated smoke alarm at the beginning of a tenancy and the tenant shall replace the batteries as needed during the tenancy, except where the smoke alarm is a tamper-resistant, ten-year lithium battery smoke alarm as required by subdivision (5a) of this subsection. Failure of the tenant to replace the batteries as needed and shall not be considered as negligence on the part of the tenant or the landlord.
(5a) After December 31, 2012, when installing a new smoke alarm or replacing an existing smoke alarm, install a tamper-resistant, ten-year lithium battery smoke alarm. However, the landlord shall not be required to install a tamper-resistant, ten-year lithium battery smoke alarm as required by this subdivision in either of the following circumstances:
(a) The dwelling unit is equipped with a hardwired smoke alarm with a battery backup.
(b) The dwelling unit is equipped with a smoke alarm combined with a carbon monoxide alarm that meets the requirements provided in subdivision (7) of this section.
G.S. § 42-43
(a) The tenant shall:
(7) Notify the landlord, in writing, of the need for replacement of or repairs to a smoke alarm. The landlord shall ensure that a smoke alarm is operable and in good repair at the beginning of each tenancy. Unless the landlord and the tenant have a written agreement to the contrary, the landlord shall place new batteries in a battery-operated smoke alarm at the beginning of a tenancy and the tenant shall replace the batteries as needed during the tenancy, except where the smoke alarm is a tamper-resistant, ten-year lithium battery smoke alarm as required by G.S. § 42-42(a)(5a). Failure of the tenant to replace the batteries as needed shall not be considered as negligence on the part of the tenant or landlord.
G.S. § 42-44
(a) Any right or obligation declared by this chapter is enforceable by civil action, in addition to other remedies of law and in equity.
(a1) If the landlord fails to provide, install, replace, or repair a smoke alarm under the provisions G.S.(a)(5) within 30 days of having received written notice from the tenant or any agent of State or local government of the landlord’s failure to do so, the landlord shall be responsible for an infraction and shall be subject to a fine of not more than two hundred fifty dollars ($250.00) for each violation. After December 31, 2012, if the landlord installs a new smoke alarm or replaces an existing smoke alarm, the smoke alarm shall be a tamper-resistant, ten-year lithium battery smoke alarm, except as provided in G.S. § 42-42(a)(5a). The landlord may temporarily disconnect a smoke alarm in a dwelling unit or common area for construction or rehabilitation activities when such activities are likely to activate the smoke alarm or make it inactive.
(a2) If a smoke alarm is disabled or damaged, other than through actions of the landlord, the landlords’ agents, or acts of God, the tenant shall reimburse the landlord the reasonable and actual cost for repairing or replacing the smoke alarm within 30 days of having received written notice from the landlord or any agent of State or local government of the need for the tenant to make such reimbursement. If the tenant fails to make reimbursement within 30 days, the tenant shall be responsible for an infraction and subject to a fine of not more than one hundred dollars ($100.00) for each violation. The tenant may temporarily disconnect a smoke alarm in a dwelling unit to replace the batteries or when it has been inadvertently activated.
(Ord. O-02-08, passed 6-5-2008)