(a) Requirement: It shall be the responsibility of the owner of each new and existing occupied dwelling unit to install smoke detectors in each such dwelling unit as hereinafter provided. Said smoke detectors shall be either the ionization or photo-electric type capable of sensing visible or invisible particles of combustion and providing a suitable audible alarm thereof; further, they shall be installed by July 1, 1978, in the manner hereinafter provided (unless any other provision of county, state or federal law shall require installation before the date.) Failure to install smoke detectors as and where required by said date will subject the property owner to the penalties set forth in section 22-22.
(b) Location:
(1) At least one (1) smoke detector shall be installed to protect each sleeping area. A sleeping area is defined as the area or areas of the family living unit in which the bedrooms (or sleeping rooms) are located. Where bedrooms or rooms ordinarily used for sleeping are separated by other-use areas (such as kitchens or living rooms, but not bathrooms or closets), they shall be considered as separate sleeping areas for the purposes of this section.
(2) At least one (1) smoke detector shall be installed in or near each stairway leading to an occupied area in such a manner as to assure that rising smoke is not obstructed in reaching the detector and that rising smoke cannot effectively bypass the detector before it reaches the occupied area.
(3) The Director may grant exceptions to subsections (1) and (2) including, but not limited to, installation of smoke detectors on every level of the home.
(4) Smoke detectors installed or in the process of installation in compliance with subsection (b)(2) of this section prior to the effective date of these amendments shall be deemed to have complied with this chapter.
(c) Alternative: Where smoke detectors are installed as part of an approved fire detection system, the requirements for single-station smoke detectors may be set aside. An approved system shall be defined as a combination of devices that meets the requirements of this section and is installed in accordance with National Fire Protection Association Standard 74.
(d) Equipment: All devices, combinations of devices and equipment required herein are to be installed in conformance with the building code and this section, and approved by the Montgomery County department of Permitting services and listed by said department for the purpose for which they are intended; said list may be subsequently amended by the department of Permitting services as necessary. Such approval is permanent unless the Director subsequently finds that the equipment is hazardous, unreliable or otherwise detrimental to public health or safety, in which case, the Director may suspend or revoke approval. The Director may in any such case determine whether replacement of existing installation is required. Transfer to the inactive list does not affect equipment approval.
(e) Installation: In new residential dwellings, single-station smoke detectors shall be wired directly (hard-wired) to the building’s power supply. In existing dwellings within multi- family buildings of ten (10) units or more, the detectors shall meet the multi-family building power source requirements of state law, or in the absence of state law, the requirements hereunder covering other existing dwellings. In other existing dwellings, it is preferred that single-station smoke detectors be wired directly to the power supply; however, said detectors may be powered by self-monitored battery or operated in a plug- in outlet which is fitted with a plug restrainer device, provided the outlet is not controlled by any switch other than the main power supply.
(f) Change in occupancy: After July 1, 1978, at every change of occupancy of every dwelling unit occasioned by or incidental to a sale, lease or sublease of said unit, it shall be the duty of the grantor thereof (i.e., the seller, lessor or sublessor, as the case may be) to provide before occupancy all smoke detectors as required by this section (or other applicable laws) in proper working condition. Failure to comply with this subsection shall be punishable as set forth herein; provided, however, that this subsection shall not be construed to vitiate or render void any contract, lease or sublease subject hereto.
(g) Permits and fees: No smoke detector or alternative system may be directly connected (permanently wired) to the electrical system of the structure unless an electrical permit is first obtained from the Department of Permitting Services or the municipal electrical permit authority having jurisdiction. The County Executive may adopt, under method (3), a fee schedule for the issuance of a permit which must not exceed the cost of administration of this section and may waive, partially or wholly, the fee requirement or issue multiple permits after payment of a single fee.
(h) Supplemental standards: This section is intended to be used with and supplemented by the applicable provisions of the NFPA Standards 72-E and 74, 1974 Editions, which are hereby incorporated herein; however, if there shall be any conflict between this statute and the said supplemental standards, this statute and any rules and regulations adopted pursuant thereto shall prevail. (1977 L.M.C., ch. 9, § 1; 1978 L.M.C., ch. 40, § 1; 1984 L.M.C., ch. 24, § 23; 1984 L.M.C., ch. 27, § 18; 1996 L.M.C., ch. 20, § 1; 1998 L.M.C., ch. 12, § 1; 2001 L.M.C., ch. 14, § 2; 2016 L.M.C., ch. 30, §1.)
Cross reference-Housing code provisions for smoke detectors, § 26-21.