Subchapter IV. Smoke Detectors.


  • Current through October 23, 2012
  • As used in this subchapter:

    (1) The term "dwelling unit" means a structure, building, area, room, or combination of rooms occupied by persons for sleeping or living.

    (2)(A) The term "hospital" means a building or part thereof used for the medical, psychiatric, obstetrical, or surgical care, on a 24-hour basis, of inpatients.

    (B) The term "hospital" includes general hospitals, mental hospitals, tuberculosis hospitals, children's hospitals, and any such facilities providing inpatient care.

    (3)(A) The term "nursing home" means a building, or part thereof, used for the lodging, boarding, and nursing care, on a 24-hour basis, of persons who, because of mental or physical incapacity, may be unable to provide for their own needs and safety without the assistance of another person.

    (B) The term "nursing home" includes nursing and convalescent homes, skilled nursing facilities, intermediate care facilities, and infirmaries of homes for the aged.

    (4)(A) The term "owner" means any person who, alone or jointly or severally with other persons, has legal title to any premises.

    (B) The term "owner" includes any person who has charge, care, or control over any premises as:

    (i) An agent, officer, fiduciary, or employee of the owner;

    (ii) The committee, conservator, or legal guardian of an owner who is non compos mentis, a minor, or otherwise under a disability;

    (iii) A trustee, elected or appointed, or a person required by law to execute a trust, other than a trustee under a deed of trust, to secure the payment of money; or

    (iv) An executor, administrator, receiver, fiduciary, officer appointed by any court, or other similar representative of the owner or his estate.

    (C) The term "owner" does not include a lessee, sublessee, or other person who merely has the right to occupy or possess a premises.

    (5)(A) The term "residential-custodial care facility" means a building, or part thereof, used for the lodging or boarding of persons who are incapable of self-preservation because of age or physical or mental limitation, or who are detained for correctional purposes.

    (B) The term "residential-custodial care facility" includes homes for the aged, nurseries (custodial care for children under 6 years of age), institutions for persons with intellectual disabilities (care institutions), and halfway houses, as well as sheltered living facilities and halfway houses operated by the District of Columbia Department of Corrections and District of Columbia Department of Human Resources.

    (C) The term "residential-custodial care facility" does not include day care facilities that do not provide lodging or boarding for institutional occupants.

    (6)(A) The term "sleeping area" means a bedroom or room intended for sleeping, or a combination of bedrooms or rooms intended for sleeping within a dwelling unit, which are located on the same floor and are not separated by another habitable room, such as a living room, dining room, or kitchen, but not a bathroom, hallway, or closet. A dwelling unit may have more than 1 sleeping area.

    (B) The term "sleeping area" does not include common usage areas in structures with more than 1 dwelling unit, such as corridors, lobbies, and basements.

    (7) The term "smoke detector" means a device which detects visible or invisible particles of combustion.

    (8) The term "substantially rehabilitated" means any improvement to a structure which is valued greater than one-half of the assessed valuation of the property including the land.

    (9) The term "visual alert system" means a visual warning device or system that, when activated by or in conjunction with an audible smoke detector and warning system, provides a light signal sufficient to warn a deaf or hearing-impaired person of the presence of fire or smoke. The term "visual alert system" shall include a visual warning system that has multiple functions if 1 of the functions of the system is to warn a deaf or hearing-impaired person of the presence of fire or smoke.

    (June 20, 1978, D.C. Law 2-81, § 2, 24 DCR 9050; Mar. 9, 1988, D.C. Law 7-84, § 2(a), 34 DCR 8122; Apr. 24, 2007, D.C. Law 16-305, § 20, 53 DCR 6198; Sept. 26, 2012, D.C. Law 19-169, § 14, 59 DCR 5567.)

    HISTORICAL AND STATUTORY NOTES

    Prior Codifications

    1981 Ed., § 5-529.

    1973 Ed., § 5-328.

    Effect of Amendments

    D.C. Law 16-305, in par. (5)(B), substituted "persons with mental retardation" for "the mentally retarded".

    D.C. Law 19-169, in par. (5)(B), substituted "intellectual disabilities" for "mental retardation".

    Legislative History of Laws

    Law 2-81, the "Smoke Detector Act of 1978," was introduced in Council and assigned Bill No. 2-157, which was referred to the Committee on the Judiciary. The Bill was adopted on first and second readings on February 21, 1978, and March 7, 1978, respectively. Signed by the Mayor on April 17, 1978, it was assigned Act No. 2-178 and transmitted to both Houses of Congress for its review.

    For legislative history of D.C. Law 7-84, see Historical and Statutory Notes following § 6-751.02a.

    For Law 16-305, see notes following § 6-201.

    Law 19-169, the "People First Respectful Language Modernization Amendment Act of 2012", was introduced in Council and assigned Bill No. 19-189, which was referred to the Committee on Human Services. The Bill was adopted on first and second readings on March 6, 2012, and April 17, 2012, respectively. Signed by the Mayor on May 15, 2012, it was assigned Act No. 19-361 and transmitted to both Houses of Congress for its review. D.C. Law 19-169 became effective on September 26, 2012.

  • Current through October 23, 2012 Back to Top
  • (a) The owner of each new or existing dwelling unit, hotel, motel, hospital, nursing home, and residential-custodial care facility shall install smoke detectors as required by this subchapter. The Mayor shall install smoke detectors in each dwelling unit, hospital, nursing home, jail, prison, and residential-custodial care facility owned by the District of Columbia.

    (b) The owner of each dwelling unit, hotel, motel, hospital, nursing home, jail, prison, and residential-custodial care facility which is constructed or substantially rehabilitated under a building permit issued after September 30, 1978, shall install smoke detectors as required by this subchapter. No certificate of occupancy may be issued for any dwelling unit, hotel, motel, hospital, nursing home, or residential-custodial care facility unless smoke detectors have been installed as required by this subchapter.

    (c) The owner of each dwelling unit, hotel, motel, and hospital, except as provided in subsections (b) and (d) of this section, shall install smoke detectors as required by this subchapter within 3 years of June 20, 1978.

    (d) The Mayor shall install smoke detectors, as required by this subchapter, in each dwelling unit, hospital, jail and prison owned by the District of Columbia, except as provided in subsection (b) of this section, within 2 years of June 20, 1978.

    (e) Except as provided in subsection (b) and except as provided in § 14(d) of title VII of the Health Care and Community Residence Facilities Regulation, enacted June 14, 1974 (Reg. No. 74-15):

    (1) The owner of each residential-custodial care facility and nursing home shall install smoke detectors as required by this subchapter by January 1, 1980;

    (2) The Mayor shall install smoke detectors as required by this subchapter in each residential-custodial care facility and nursing home owned by the District of Columbia by January 1, 1980.

    (June 20, 1978, D.C. Law 2-81, § 3, 24 DCR 9050; Dec. 21, 1979, D.C. Law 3-42, § 2(a)-(e), 26 DCR 2082.)

    HISTORICAL AND STATUTORY NOTES

    Prior Codifications

    1981 Ed., § 5-530.

    1973 Ed., § 5-329.

    Legislative History of Laws

    For legislative history of D.C. Law 2-81, see Historical and Statutory Notes following § 6-751.01.

    Law 3-42, the "Regulation Enforcement and Fire Safety Amendment Act of 1979," was introduced in Council and assigned Bill No. 3-150, which was referred to the Committee on the Judiciary and the Committee on Human Resources. The Bill was adopted on first and second readings on September 25, 1979, and October 9, 1979, respectively. Signed by the Mayor on October 30, 1979, it was assigned Act No. 3-114 and transmitted to both Houses of Congress for its review.

  • Current through October 23, 2012 Back to Top
  • (a)(1) The owner of each hotel or motel shall have available on the premises at least 1 visual alert system for every 50 units or less.

    (2) Each hotel or motel shall provide a visual alert system to any guest or patron upon request. In circumstances in which the number of requests for visual alert systems exceeds the number of visual alert systems available, the hotel or motel shall make arrangements to procure additional systems, which shall be provided to the guest or patron within 8 hours of his or her request.

    (3) A notice informing guests and patrons of the availability of visual alert systems for deaf or hearing-impaired persons shall be posted either conspicuously in the lobby of the hotel or motel or placed conspicuously in the room of each guest or patron.

    (b) Upon the request of a deaf or hearing-impaired person, the owner of each dwelling unit, hospital, nursing home, or residential-custodial care facility shall provide a visual alert system in each room in which a deaf or hearing-impaired person resides.

    (c) Upon the request of a deaf or hearing-impaired person, the Mayor shall provide a visual alert system in each dwelling unit, hospital, nursing home, jail, prison, or residential-custodial care facility owned by the District of Columbia in which a deaf or hearing-impaired person resides.

    (June 20, 1978, D.C. Law 2-81, § 3a, as added Mar. 9, 1988, D.C. Law 7- 84, § 2(b), 34 DCR 8122.)

    HISTORICAL AND STATUTORY NOTES

    Prior Codifications

    1981 Ed., § 5-530.1.

    Legislative History of Laws

    Law 7-84, the "Visual Alert Systems for the Deaf and Hearing-Impaired Amendment Act of 1987," was introduced in Council and assigned Bill No. 7-96, which was referred to the Committee on the Judiciary. The Bill was adopted on first and second readings on November 10, 1987 and November 24, 1987, respectively. Signed by the Mayor on December 10, 1987, it was assigned Act No 7-119 and transmitted to both Houses of Congress for its review.

  • Current through October 23, 2012 Back to Top
  • (a) The owner of each dwelling unit shall install at least 1 smoke detector to protect each sleeping area. In an efficiency, the owner shall install the smoke detector in the room used for sleeping. In all other dwelling units, the owner shall install the smoke detector outside the bedrooms but in the immediate vicinity of the sleeping area.

    (b) The owner of each hotel and motel shall install at least 1 smoke detector to protect each guest room or guest suite. The owner of each dormitory shall install at least 1 smoke detector to protect each resident room or resident suite. For the purpose of this subsection, "guest suite" or "resident suite" means a combination of rooms that are always occupied as a single unit. The owner of the hotel, motel or dormitory shall install the smoke detectors as directed by the Mayor of the District of Columbia.

    (c) The owner of each hospital, nursing home, jail, prison, and residential-custodial care facility shall install smoke detectors as directed by the Mayor of the District of Columbia and as follows:

    (1) In each corridor that is adjacent to a room used for sleeping, but in no case may the smoke detectors be spaced further apart than 30 feet or more than 15 feet from any wall; or

    (2) In each room used for sleeping.

    (d) An owner subject to this subchapter shall install each smoke detector on the ceiling at a minimum of 6 inches from the wall, or on a wall at a minimum of 6 inches from the ceiling.

    (e) An owner subject to this subchapter may not install a smoke detector in a dead air space, such as where the ceiling meets the wall.

    (June 20, 1978, D.C. Law 2-81, § 4, 24 DCR 9050; Dec. 21, 1979, D.C. Law 3-42, § 2(f), (g), 26 DCR 2082.)

    HISTORICAL AND STATUTORY NOTES

    Prior Codifications

    1981 Ed., § 5-531.

    1973 Ed., § 5-330.

    Legislative History of Laws

    For legislative history of D.C. Law 2-81, see Historical and Statutory Notes following § 6-751.01.

    For legislative history of D.C. Law 3-42, see Historical and Statutory Notes following § 6-751.02.

  • Current through October 23, 2012 Back to Top
  • (a) An owner subject to this subchapter shall install a smoke detector which is capable of sensing visible or invisible particles of combustion and emitting an audible signal. The owner shall install a smoke detector which is of a type approved by the Mayor of the District of Columbia consistent with any appropriate federal regulations. The owner shall install a smoke detector in accordance with specifications of the manufacturer or in compliance with the National Fire Protection Association Standards 72-E and 74 (1974 Edition).

    (b) Within 40 days after June 20, 1978, and before approving any type of smoke detector pursuant to this section, the Mayor of the District of Columbia or his designated agent shall hold a public hearing at which he shall consider, in addition to any other matter he considers relevant, any potential radiological danger presented by any of the types of smoke detectors under consideration.

    (June 20, 1978, D.C. Law 2-81, § 5, 24 DCR 9050; Dec. 21, 1979, D.C. Law 3-42, § 2(g), 26 DCR 2082.)

    HISTORICAL AND STATUTORY NOTES

    Prior Codifications

    1981 Ed., § 5-532.

    1973 Ed., § 5-331.

    Legislative History of Laws

    For legislative history of D.C. Law 2-81, see Historical and Statutory Notes following § 6-751.01.

    For legislative history of D.C. Law 3-42, see Historical and Statutory Notes following § 6-751.02.

  • Current through October 23, 2012 Back to Top
  • (a) Except as provided in subsections (b) and (c) of this section, the owner of each dwelling unit, hotel, motel, hospital, nursing home, jail, prison, and residential-custodial care facility shall directly wire the smoke detector to the power supply of the building.

    (b) In each dwelling unit, hotel, motel, hospital, nursing home, jail, prison, and residential-custodial care facility which is in existence on September 30, 1978, or which is constructed under a building permit issued before October 1, 1978, or which is substantially rehabilitated, the owner may install a smoke detector which operates from a plug-in outlet fitted with a plug restrainer device if the outlet is not controlled by an on-off switch and if the cord connecting the smoke detector with the outlet is not controlled by an on-off switch.

    (c) In each dwelling unit in a structure with only 1 dwelling unit which is in existence on September 30, 1978, or which is constructed under a building permit issued before October 1, 1978, or which is substantially rehabilitated, the owner may install a monitored battery-powered smoke detector.

    (June 20, 1978, D.C. Law 2-81, § 6, 24 DCR 9050.)

    HISTORICAL AND STATUTORY NOTES

    Prior Codifications

    1981 Ed., § 5-533.

    1973 Ed., § 5-332.

    Temporary Amendments of Section

    Section 2 of D.C. Law 18-22 added subsec. (d) to read as follows:

    "(d)(1) Within 30 days of the effective date of the Fire Alarm Notice and Tenant Fire Safety Emergency Amendment Act of 2009, passed on emergency basis on March 3, 2009 (Enrolled version of Bill 18-168), and in addition to any existing requirements in law or regulation, an owner of a building containing 2 or more dwelling or rooming units shall provide written notice, in a language delineated by the Language Access Act of 2004, effective June 19, 2004 (D.C. Law 15-167; D.C. Official Code § 2-1931 et seq.), as necessary, to each tenant by first class mail, and post notice in conspicuous places in common areas of the building, as required in this subsection. Written notice shall also be provided to each new tenant, as required in this subsection. The Mayor shall provide a sample form of the notice required by this subsection.

    "(2) The written notice shall include, at a minimum, instructions on the operation of a building fire alarm, whether this alarm is separate from the smoke alarms in individual apartments, and a statement that the building alarm is not necessarily connected to the fire department or emergency rescue, and that, in the event of a fire, they must be contacted immediately by calling 911.

    "(3) Failure to post notice as required by this subsection shall be a violation of this act, and subject to penalties as provided in this act.

    "(4) In addition to the notice required by this subsection, the owner, or the owner's agent, shall maintain a fire safety plan and conduct fire drills in each building that is subject to the provisions of this subsection, and contains 5 or more units, at least once every 12 months."

    Section 4(b) of D.C. Law 18-22 provides that the act shall expire after 225 days of its having taken effect.

    Emergency Act Amendments

    For temporary (90 day) amendment of section, see § 2 of Fire Alarm Notice and Tenant Fire Safety Emergency Amendment Act of 2009 (D.C. Act 18-33, March 16, 2009, 56 DCR 2340).

    For temporary (90 day) amendment of section, see § 2 of Fire Alarm Notice and Tenant Fire Safety Congressional Review Emergency Amendment Act of 2009 (D.C. Act 18-110, June 18, 2009, 56 DCR 4936).

    Legislative History of Laws

    For legislative history of D.C. Law 2-81, see Historical and Statutory Notes following § 6-751.01.

  • Current through October 23, 2012 Back to Top
  • (a) The Mayor shall develop a program to test and install smoke and carbon monoxide detectors and batteries in District residences, and to educate District residents on the use of the detectors. The program shall be re-developed annually. The program may include:

    (1) Door-to-door outreach;

    (2) A public information campaign, including printed and mass media materials, or community events in each ward of the District;

    (3) The provision or installation of a smoke or combination smoke/carbon monoxide detector in a person's residence; and

    (4) Detector installation by personnel of the Fire and Emergency Medical Services Department, other District personnel, or such other persons who are willing to provide this service at no cost on behalf of the District.

    (b) The program shall specify that any person who agrees to receive and install a smoke or combination smoke/carbon monoxide detector shall permit a representative of the Fire and Emergency Medical Services Department to inspect the installation of the unit to confirm that the installation occurred and was done properly.

    (c) Any resident or property owner participating in the program shall indemnify and hold harmless the District, its officers, employees, agents, and assigns for the provision and installation of the smoke or combination smoke/carbon monoxide detectors or batteries.

    (June 20, 1978, D.C. Law 2-81, § 6a, as added Mar. 20, 2009, D.C. Law 17- 313, § 2, 56 DCR 37.)

    HISTORICAL AND STATUTORY NOTES

    Legislative History of Laws

    Law 17-313, the "Smoke and Carbon Monoxide Detector Program Amendment Act of 2008", was introduced in Council and assigned Bill No. 17-594 which was referred to the Committee on Public Safety and the Judiciary. The Bill was adopted on first and second readings on November 18, 2008, and December 2, 2008, respectively. Signed by the Mayor on December 19, 2008, it was assigned Act No. 17-613 and transmitted to both Houses of Congress for its review. D.C. Law 17-313 became effective on March 20, 2009.

  • Current through October 23, 2012 Back to Top
  • (a)(1) No later than December 31st of each year, the Mayor shall provide to the Council an annual report on the smoke and carbon monoxide detector and battery program for the previous fiscal year.

    (2) The annual report on the smoke and carbon monoxide detector and battery program may be included in an annual report of the Fire and Emergency Medical Services Department if the annual report is issued by December 31st following the end of the fiscal year.

    (b) The annual report shall include the following information, pertaining to the fiscal year:

    (1) Number of smoke and carbon monoxide detectors installed;

    (2) Amount of monetary donations received;

    (3) Amount of in-kind donations received;

    (4) Number of hours contributed by Fire and Emergency Medical Services Department personnel in developing and implementing this program;

    (5) Statistics on the number of fires in the District, including information on the number of fires with no smoke detectors or less than fully functional smoke detectors; and

    (6) Additional information regarding the effectiveness of the program.

    (June 20, 1978, D.C. Law 2-81, § 6b, as added Mar. 20, 2009, D.C. Law 17- 313, § 2, 56 DCR 37.)

    HISTORICAL AND STATUTORY NOTES

    Legislative History of Laws

    For Law 17-313, see notes following § 6-751.05a.

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  • Notwithstanding any other provision of law, the Mayor may accept gifts and grants of smoke and carbon monoxide detectors, batteries, and funds to conduct a program to provide detectors and batteries free of charge to residents of the District, and to install or arrange for the installation of detectors free of charge to residents. The Mayor may use donated funds to purchase or contract to purchase smoke and carbon monoxide detectors and batteries to conduct the program. The funding source for such contracts shall include any funds annually appropriated for this purpose, any funds accepted under this section, and block grant and other grant monies as available.

    (June 20, 1978, D.C. Law 2-81, § 6c, as added Mar. 20, 2009, D.C. Law 17- 313, § 2, 56 DCR 37.)

    HISTORICAL AND STATUTORY NOTES

    Legislative History of Laws

    For Law 17-313, see notes following § 6-751.05a.

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  • An owner subject to this subchapter shall maintain each smoke detector in a reliable operating condition and shall make periodic inspections and tests to ensure that each smoke detector is in proper working condition.

    (June 20, 1978, D.C. Law 2-81, § 7, 24 DCR 9050.)

    HISTORICAL AND STATUTORY NOTES

    Prior Codifications

    1981 Ed., § 5-534.

    1973 Ed., § 5-333.

    Legislative History of Laws

    For legislative history of D.C. Law 2-81, see Historical and Statutory Notes following § 6-751.01.

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  • No owner may permanently wire a smoke detector to the electrical system of a structure without first obtaining an electrical permit from the Permit Division of the Department of Licenses, Investigation and Inspections.

    (June 20, 1978, D.C. Law 2-81, § 8, 24 DCR 9050.)

    HISTORICAL AND STATUTORY NOTES

    Prior Codifications

    1981 Ed., § 5-535.

    1973 Ed., § 5-334.

    Legislative History of Laws

    For legislative history of D.C. Law 2-81, see Historical and Statutory Notes following § 6-751.01.

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  • Any person who installs a smoke detector shall comply with the requirements of this subchapter and the National Fire Protection Association Standards 72-E and 74 (1974 Edition). In the event of a conflict between this subchapter and the National Fire Protection Association Standards 72-E and 74 (1974 Edition), this subchapter takes precedence.

    (June 20, 1978, D.C. Law 2-81, § 9, 24 DCR 9050.)

    HISTORICAL AND STATUTORY NOTES

    Prior Codifications

    1981 Ed., § 5-536.

    1973 Ed., § 5-335.

    Legislative History of Laws

    For legislative history of D.C. Law 2-81, see Historical and Statutory Notes following § 6-751.01.

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  • (a)(1) An owner of a single-family residence who fails to comply with the provisions of this subchapter shall be assessed a civil penalty of $100 for each violation.

    (2) An owner of a building containing 2, 3, or 4 dwelling or rooming units who fails to comply with the provisions of this subchapter shall be assessed a civil fine of $200 for each violation.

    (3) An owner of a building containing 5 or more dwelling units or any hotel, motel, hospital, nursing home, or residential custodial care facility unit who fails to comply with the provisions of this subchapter shall be assessed a civil penalty of $300 for each violation.

    (b) For the purpose of this section, each day a dwelling unit, hotel, motel, hospital, nursing home, or residential custodial care facility fails to comply with this subchapter shall constitute a separate violation.

    (c)(1) Civil fines, penalties, and fees may be imposed as alternative sanctions for any infraction of this subchapter, or any rules or regulations issued under the authority of this subchapter, pursuant to Chapter 18 of Title 2. Adjudication of any infraction of this subchapter shall be pursuant to Chapter 18 of Title 2.

    (2) After a 45-day period of Council review, the Mayor shall issue the procedures described in paragraph (1) of this subsection pursuant to subchapter I of Chapter 5 of Title 2, provided that the Council of the District of Columbia does not disapprove the rules, by resolution, within 45 days of their submission to the Council, excluding Saturdays, Sundays, holidays, and days during which the Council is in recess.

    (d) To enforce this subchapter, the Mayor may seek either the civil penalties in this section or the criminal penalties in § 2104 of The Housing Code of the District of Columbia or § 6-1406(a) and (b), but the Mayor shall not seek both the civil penalties and the criminal penalties to enforce a related series of violations.

    (June 20, 1978, D.C. Law 2-81, § 9a, as added Mar. 13, 1985, D.C. Law 5- 139, § 2, 31 DCR 5751; Mar. 21, 1987, D.C. Law 6-216, § 13(e), 34 DCR 1072; May 10, 1989, D.C. Law 7-231, § 19, 36 DCR 492; Mar. 8, 1991, D.C. Law 8-237, § 29, 38 DCR 314.)

    HISTORICAL AND STATUTORY NOTES

    Prior Codifications

    1981 Ed., § 5-537.

    Legislative History of Laws

    Law 5-139, the "Smoke Detector Act of 1978 Amendment Act of 1984," was introduced in Council and assigned Bill No. 5-418, which was referred to the Committee on the Judiciary. The Bill was adopted on first and second readings on September 12, 1984, and October 9, 1984, respectively. Signed by the Mayor on October 25, 1984, it was assigned Act No. 5-197 and transmitted to both Houses of Congress for its review.

    For legislative history of D.C. Law 6-216, see Historical and Statutory Notes following § 6-701.12.

    For legislative history of D.C. Law 7-231, see Historical and Statutory Notes following § 6-703.01.

    Law 8-237, the "Department of Consumer and Regulatory Affairs Civil Infractions Act of 1985 Technical and Clarifying Amendments Act of 1990," was introduced in Council and assigned Bill No. 8-203, which was referred to the Committee on Consumer and Regulatory Affairs. The Bill was adopted on first and second readings on December 4, 1990, and December 18, 1990, respectively. Signed by the Mayor on December 27, 1990, it was assigned Act No. 8-320 and transmitted to both Houses of Congress for its review.

    References in Text

    "Section 2104 of The Housing Code of the District of Columbia," referred to in subsection (d) of this section, is classified to 14 DCMR § 102.1.

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  • (a) A tenant of a dwelling unit that is not in compliance with this subchapter may purchase, install, and maintain a smoke detector or visual alert system, or arrange for proper installation and maintenance of a smoke detector or visual alert system, and may deduct the reasonable costs from the rent for the dwelling unit. No tenant shall be charged, evicted, or penalized in any fashion for failure to pay the reasonable cost deducted from the rent for the dwelling unit.

    (b) In units required to have a smoke detector or visual alert system directly wired to the power supply of the building, and where the landlord fails to install and maintain the smoke detector or visual alert system, the tenant may purchase, install, and maintain battery-operated units at the owner's expense.

    (c) No act or omission by a tenant under this section shall relieve the owner of responsibility to ensure full and continuing compliance with this subchapter, nor shall an act or an omission relieve the owner of liability for failure to comply with this subchapter.

    (d) Nothing in this section shall be construed to impose a penalty or other liability on a tenant for failure to install or maintain a smoke detector or visual alert system, nor shall this section be construed to mean that a tenant who fails to install or maintain a smoke detector or visual alert system is contributorily negligent.

    (June 20, 1978, D.C. Law 2-81, § 9b, as added Mar. 13, 1985, D.C. Law 5- 139, § 2, 31 DCR 5751; Mar. 9, 1988, D.C. Law 7-84, § 2(c), 34 DCR 8122.)

    HISTORICAL AND STATUTORY NOTES

    Prior Codifications

    1981 Ed., § 5-538.

    Emergency Act Amendments

    For temporary (90 day) amendment of section, see § 3, of Fire Alarm Notice and Tenant Fire Safety Congressional Review Emergency Amendment Act of 2009 (D.C. Act 18-314, February 22, 2010, 57 DCR 1649).

    Legislative History of Laws

    For legislative history of D.C. Law 5-139, see Historical and Statutory Notes following § 6-751.09.

    For legislative history of D.C. Law 7-84, see Historical and Statutory Notes following § 6-751.02a.

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  • (a)(1) An owner of an apartment building shall post in conspicuous places in the common areas of the building and provide to each tenant or unit owner, by hand or first-class mail, a written notice that includes:

    (A) Instructions on the operation of the apartment building fire alarm;

    (B) Whether the apartment building fire alarm is separate from or connected to the smoke detectors in the individual dwelling units;

    (C) Whether the apartment building fire alarm is connected to the Fire and Emergency Medical Services Department; and

    (D) A warning that in the event of a fire the Fire and Emergency Medical Services Department must be contacted immediately by calling 911.

    (2) The notice required by paragraph (1) of this subsection shall be on a form developed by the Mayor and published by the Mayor in English and in the languages required under § 2-1933.

    (b) For the purposes of this section, the term:

    (1) "Apartment building" means a structure containing 4 or more dwelling units, including a condominium or cooperative but excluding a single-family residence.

    (2) "Condominium" shall have the same meaning as provided in § 42-2002(2).

    (3) "Cooperative" shall have the same meaning as provided for the term "cooperative housing association" in § 42-3501.03(7).

    (June 20, 1978, D.C. Law 2-81, § 9c, as added Mar. 11, 2010, D.C. Law 18- 116, § 3, 57 DCR 893.)

    HISTORICAL AND STATUTORY NOTES

    Legislative History of Laws

    For Law 18-116, see notes following § 6-701.03a.

    Delegation of Authority

    Delegation of Authority under the Fire Alarm Notice and Tenant Fire Safety Emergency Amendment Act of 2009, see Mayor's Order 2009-101, June 12, 2009 (56 DCR 6844).