§ 23-13-15 — Smoke detection systems for residential rental property - Penalty

1. All residential rental property with the exception of property covered by section
23-09-02.1 must be equipped with smoke detection systems or other approved alarm
systems for the protection of occupants of the property. Systems must be installed and
maintained in compliance with applicable national fire protection standards as defined
by rules adopted by the state fire marshal. The state fire marshal and local fire
departments shall provide information concerning the installation of smoke detection
systems to owners of residential rental properties. A system installed in a single-family
rental dwelling must be maintained and inspected by the tenant occupying the
single-family rental dwelling. In other dwellings, the landlord is responsible for
installation and ensuring the proper operation of the system upon the occupancy of
each new tenant. The tenant is responsible for maintaining the system during the
tenant's occupancy.
2. The landlord of a residential dwelling unit shall provide an approved visual smoke
detection system or other visual alarm system for fire if requested in writing by a tenant
who is deaf. A landlord is not subject to this subsection if the rental property of that
landlord does not exceed one building and that building does not exceed four
residential dwelling units.
3. Nothing in this section may be construed to alter the provisions of chapter 54-21.3
regarding smoke detection systems or alarm systems for newly constructed
residences.
4. Any property owner who willfully fails to install a system as required by this section is
guilty of a class B misdemeanor.