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1103.8.5.1
Existing Buildings housing Group R occupancies established prior to the effective date of these regulations may have their use continued if they conform or are made to conform to provisions of these regulations to the extent that reasonable and adequate life safety against the hazards of fire, panic and explosion is substantially provided. Additional means of egress, the installation of automatic sprinkler systems, automatic fire alarm system or other life safety measures, may be required to provide reasonable and adequate safety.
Note: It is the intent of this section that every existing occupancy need not mandatorily conform with the requirements for new construction. Reasonable judgment in the application of requirements must be exercised by the enforcing agency.
1103.8.5.2
For purposes of clarification, Health and Safety Code, Section 13113.7 is repeated.
  1. (a)  Except as otherwise provided in this section, smoke alarms, approved and listed by the State Fire Marshal pursuant to Section 13114 at the time of installation, shall be installed in accordance with the manufacturer's instructions in each dwelling intended for human occupancy:
    1. (1)  For all dwelling units intended for human occupancy, upon the owner's application on or after January 1, 1985, for a permit for alterations, repairs or additions, exceeding one thousand dollars ($1,000).
    2. (2)  For all other dwelling units intended for human occupancy for which a building permit is issued on or after January 1, 2014, for alterations, repairs or additions exceeding one thousand dollars ($1,000), the permit issuer shall not sign off on the completion of work until the permittee demonstrates that all smoke alarms required for the dwelling unit are devices approved and listed by the State Fire Marshal pursuant to Section 13114.
    3. (3)   However, if any local rule, regulation or ordinance, adopted prior to January 1, 1987, requires installation in a dwelling unit intended for human occupancy of smoke alarms which receive their power from the electrical system of the building and requires compliance with the local rule, regulation or ordinance at a date subsequent to the dates specified in this section, the compliance date specified in the rule, regulation or ordinance shall, but only with respect to the dwelling units specified in this section, take precedence over the date specified in this section.
    4. (4)  Unless prohibited by local rules, regulations or ordinances, a battery-operated smoke alarm, which otherwise met the standards adopted pursuant to Section 13114 for smoke alarms at the time of installation, satisfies the requirements of this section.
    5. (5)  A fire alarm system with smoke detectors installed in accordance with the State Fire Marshal's regulations may be installed in lieu of smoke alarms required pursuant to paragraph (1) or (2) of this subdivision, or paragraph (3) of subdivision (d).
  2. (b)  "Dwelling units intended for human occupancy," as used in this section, includes a duplex, lodging house, apartment complex, hotel, motel, condominium, stock cooperative, time-share project or dwelling unit of a multiple-unit dwelling complex. For the purpose of this part, "dwelling units intended for human occupancy" does not include manufactured homes as defined in Section 18007, mobilehomes as defined in Section 18008, and commercial coaches as defined in Section 18001.8.
  3. (c)  A high-rise structure, as defined in subdivision (b) of Section 13210 and regulated by Chapter 3 (commencing with Section 13210), and which is used for purposes other than as dwelling units intended for human occupancy, is exempt from the requirements of this section.
  4. (d)(1)  The owner shall be responsible for testing and maintaining alarms in hotels, motels, lodging houses, apartment complexes and other multiple-dwelling complexes in which units are neither rented nor leased.
    1. (2)  The owner of a hotel, motel, lodging house, apartment complex or other multiple-dwelling complex in which units are rented or leased, and commencing January 1, 2014, the owner of a single-family dwelling that is rented or leased, shall be responsible for testing and maintaining alarms required by this section as follows:
      1. (A)  An owner or the owner's agent may enter any dwelling unit, efficiency dwelling unit, guest room and suite owned by the owner for the purpose of installing, repairing, testing and maintaining single station smoke alarms required by this section. Except in cases of emergency, the owner or owner's agent shall give the tenants of each such unit, room or suite reasonable notice in writing of the intention to enter and shall enter only during normal business hours. Twenty-four hours shall be presumed to be reasonable notice in absence of evidence to the contrary.
      2. (B)  At the time that a new tenancy is created, the owner shall ensure that smoke alarms are operable. The tenant shall be responsible for notifying the manager or owner if the tenant becomes aware of an inoperable smoke alarm within his or her unit. The owner or authorized agent shall correct any reported deficiencies in the smoke alarm and shall not be in violation of this section for a deficient smoke alarm when he or she has not received notice of the deficiency.
    2. (3)  On or before January 1, 2016, the owner of a dwelling unit intended for human occupancy in which one or more units is rented or leased shall install additional smoke alarms, as needed, to ensure that smoke alarms are located in compliance with current building standards. Existing alarms need not be replaced unless the alarm is inoperable. New smoke alarms installed in compliance with current building standards may be battery operated provided the alarms have been approved by the State Fire Marshal for sale in the state. This paragraph shall not apply to fire alarm systems with smoke detectors, fire alarm devices that connect to a panel, or other devices that use a low-power radio frequency wireless communication signal.
  5. (e)  A violation of this section is an infraction punishable by a maximum fine of two hundred dollars ($200) for each offense.
  6. (f)  This section shall not affect any rights which the parties may have under any other provision of law because of the presence or absence of a smoke alarm.
    (Amended by Stats. 2012, Ch. 420, Sec. 1. Effective January 1, 2013.)
1103.8.5.3
For purposes of clarification, Health and Safety Code Section 13113.8 is repeated.
  1. On and after January 1, 1986, every single-family dwelling and factory-built housing, as defined in Section 19971, which is sold shall have an operable smoke detector. The detector shall be approved and listed by the State Fire Marshal and installed in accordance with the State Fire Marshal's regulations. Unless prohibited by local rules, regulations or ordinances, a battery-operated smoke detector shall be deemed to satisfy the requirements of this section.
  2. On and after January 1, 1986, the transferor of any real property containing a single-family dwelling, as described in subdivision (a), whether the transfer is made by sale, exchange or real property sales contract, as defined in Section 2985 of the Civil Code, shall deliver to the transferee a written statement indicating that the transferor is in compliance with this section. The disclosure statement shall be either included in the receipt for deposit in a real estate transaction, an addendum attached thereto, or a separate document.
  3. The transferor shall deliver the statement referred to in subdivision (b) as soon as practicable before the transfer of title in the case of a sale or exchange, or prior to execution of the contract where the transfer is by a real property sales contract, as defined in Section 2985. or purposes of this subdivision, "delivery" means delivery in person or by mail to the transferee or transferor, or to any person authorized to act for him or her in the transaction, or to additional transferees who have requested delivery from the transferor in writing. Delivery to the spouse of a transferee or transferor shall be deemed delivery to a transferee or transferor, unless the contract states otherwise.
  4. This section does not apply to any of the following:
    1. Transfers which are required to be preceded by the furnishing to a prospective transferee of a copy of a public report pursuant to Section 11018.1 of the Business and Professions Code.
    2. Transfers pursuant to court order, including, but not limited to, transfers ordered by a probate court in the administration of an estate, transfers pursuant to a writ of execution, transfers by a trustee in bankruptcy, transfers by eminent domain or transfers resulting from a decree for specific performance.
    3. Transfers to a mortgagee by a mortgagor in default, transfers to a beneficiary of a deed of trust by a trustor in default, transfers by any fore-closure sale after default, transfers by any fore-closure sale after default in an obligation secured by a mortgage, or transfers by a sale under a power of sale after a default in an obligation secured by a deed of trust or secured by any other instrument containing a power of sale.
    4. Transfers by a fiduciary in the course of the administration of a decedent's estate, guardianship, conservatorship or trust.
    5. Transfers from one co-owner to one or more co-owners.
    6. Transfers made to a spouse, or to a person or persons in the lineal line of consanguinity of one or more of the transferors.
    7. Transfers between spouses resulting from a decree of dissolution of a marriage, from a decree of legal separation, or from a property settlement agreement incidental to either of those decrees.
    8. Transfers by the Controller in the course of administering the Unclaimed Property Law provided for in Chapter 7 (commencing with Section 1500) of Title 10 of Part 3 of the Code of Civil Procedure.
    9. Transfers under the provisions of Chapter 7 (commencing with Section 3691) or Chapter 8 (commencing with Section 3771) of Part 6 of Division 1 of the Revenue and Taxation Code.
  5. No liability shall arise, nor any action be brought or maintained against any agent of any party to a transfer of title, including any person or entity acting in the capacity of an escrow, for any error, inaccuracy or omission relating to the disclosure required to be made by a transferor pursuant to this section.
    • However, this subdivision does not apply to a licensee, as defined in Section 10011 of the Business and Professions Code, where the licensee participates in the making of the disclosure required to be made pursuant to this section with actual knowledge of the falsity of the disclosure.
  6. Except as otherwise provided in this section, this section shall not be deemed to create or imply a duty upon a licensee, as defined in Section 10011 of the Business and Professions Code, or upon any agent of any party to a transfer of title, including any person or entity acting in the capacity of an escrow, to monitor or ensure compliance with this section.
  7. No transfer of title shall be invalidated on the basis of a failure to comply with this section, and the exclusive remedy for the failure to comply with this section is an award of actual damages not to exceed one hundred dollars ($100), exclusive of any court costs and attorney's fees.
  8. Local ordinances requiring smoke detectors in single-family dwellings may be enacted or amended. However, the ordinances shall satisfy the minimum requirements of this section.
  9. For the purposes of this section, "single-family dwelling" does not include a manufactured home as defined in Section 18007, a mobilehome as defined in Section 18008, or a commercial coach as defined in Section 18001.8.
  10. This section shall not apply to the installation of smoke detectors in dwellings intended for human occupancy, as defined in and regulated by Section 13113.7 of the Health and Safety Code, as added by Senate Bill No. 1448 in the 1983-84 Regular Session.

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