The owner of a dwelling shall be responsible for supplying and installing in operable condition any required smoke detector and, in the case of rental property, for providing the maintenance and testing instructions of the manufacturer to the tenant. The owner of a dwelling unit shall be responsible for the maintenance and testing, in accordance with the instructions of the manufacturer, of any smoke detector which is located in any common area and/or any smoke detector in any rooming unit where a tenant usually has short periods of occupancy, such as a hotel, motel, rooming house, or tourist home. The tenant shall be responsible for maintaining and testing, in accordance with the instructions of the manufacturer, any smoke detector which is within his or her exclusive control during the life of his or her tenancy. The tenant shall be responsible for notifying the owner when any smoke detector becomes inoperable, in which case the owner has ten days in which to repair or place in operable condition the smoke detector. In the battery-operated type of smoke detector, battery replacement shall be the responsibility of the tenant. At every change of tenancy, it shall be the duty of the owner to test and ascertain that the smoke detector contained in the unit is in operable condition; and, if not, the owner shall be responsible for placing it in operable condition. At every change of occupancy of every dwelling unit occasioned by or incidental to a sale, lease, or sublease of the 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 to the new occupant that the smoke detector as required by this subchapter or other applicable laws is installed and in proper working condition. Failure to comply with this subchapter shall be punishable as set forth herein, provided, however, that this subchapter shall not be construed to violate or render void any contract, lease, or sublease subject hereto.
(1993 Code, § 52.04)