Section R310 — SMOKE ALARMS

Smoke alarms shall comply with NFPA 72, Section R310 and the manufacturer’s installation instructions.

R310.1.1 Listings. Smoke alarms shall be listed and labeled in accordance with UL 217. Combination smoke and carbon monoxide alarms shall be listed and labeled in accordance with UL 217 and UL 2034. Systems and components shall be California State Fire Marshal listed and approved in accordance with California Code of Regulations, Title 19, Division 1 for the purpose for which they are installed.

R310.1.2 Installation. Smoke alarms and combination smoke and carbon monoxide alarms shall be installed in accordance with their listing and the manufacturer’s instructions.

R310.2.1 New construction. Smoke alarms shall be provided in dwelling units.

R310.2.2 Alterations, repairs and additions. Where alterations, repairs or additions requiring a permit occur, the individual dwelling unit shall be equipped with smoke alarms located as required for new dwellings.

Exceptions: See Section R310.6.

1. In each sleeping room.
2. Outside each separate sleeping area in the immediate vicinity of the bedrooms.
3. On each additional story of the dwelling unit, including basements and habitable attics and not including crawl spaces and uninhabitable attics. In dwelling units with split levels and without an intervening door between the adjacent levels, a smoke alarm installed on the upper level shall suffice for the adjacent lower level provided that the lower level is less than one full story below the upper level.
4. Not less than 3 feet (914 mm) horizontally from the door or opening of a bathroom that contains a bathtub or shower unless this would prevent placement of a smoke alarm required by this section.
5. In the hallway and in the room open to the hallway in dwelling units where the ceiling height of a room open to a hallway serving bedrooms exceeds that of the hallway by 24 inches (610 mm) or more.
6. Within the room to which a sleeping loft is open, in the immediate vicinity of the sleeping loft.

See Section R310.3.3 for specific location requirements.

R310.3.1 Installation near cooking appliances. See Section R310.3.3 for specific location requirements.

R310.3.2 Smoke alarms. Smoke alarms shall be tested and maintained in accordance with the manufacturer’s instructions. Smoke alarms that no longer function shall be replaced.

R310.3.3 Specific location requirements. Extract from NFPA 72 Section 29.8.3.4 Specific Location Requirements.*

This extract has been provided by NFPA as amended by the Office of the State Fire Marshal and adopted by reference as follows:

NFPA 72 29.8.3.4 Specific location requirements. The installation of smoke alarms and smoke detectors shall comply with the following requirements: (1) Smoke alarms and smoke detectors shall not be located where ambient conditions, including humidity and temperature, are outside the limits specified by the manufacturer's published instructions. (2) Smoke alarms and smoke detectors shall not be located within unfinished attics or garages or in other spaces where tempera- tures can fall below 40ºF (4ºC) or exceed 100ºF (38ºC). (3) Where the mounting surface could become considerably warmer or cooler than the room, such as a poorly insulated ceiling below an unfinished attic or an exterior wall, smoke alarms and smoke detectors shall be mounted on an inside wall.

tors shall not be located within unfinished attics or garages or in other spaces where tempera-_ tures can fall below 40ºF (4ºC) or exceed 100ºF (38ºC). (3) Where the mounting surface could become considerably warmer or cooler than the room, such as a poorly insulated ceiling below an unfinished attic or an exterior wall, smoke alarms and smoke detectors shall be mounted on an inside wall.

(4) Smoke alarms or smoke detectors shall be installed a minimum of 20 feet horizontal distance from a permanently installed cooking appliance. Exception: Ionization smoke alarms with an alarm-silencing switch or Photoelectric smoke alarms shall be permitted to be installed 10 feet (3 m) or greater from a permanently installed cooking appliance. Photoelectric smoke alarms shall be permitted to be installed greater than 6 feet (1.8 m) from a permanently installed cook- ing appliance where the kitchen or cooking area and adjacent spaces have no clear interior partitions and the 10 ft distances

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would prohibit the placement of a smoke alarm or smoke detector required by other sections of the code. Smoke alarms listed for use in close proximity to a permanently installed cooking appliance. (5) Installation near bathrooms. Smoke alarms shall be installed not less than a 3 foot (0.91 m) horizontal distance from the door or opening of a bathroom that contains a bathtub or shower unless this would prevent placement of a smoke alarm required by other sections of the code.

(6) Smoke alarms and smoke detectors shall not be installed within a 36 in. (910 mm) horizontal path from the supply registers of a forced air heating or cooling system and shall be installed outside of the direct airflow from those registers. (7) Smoke alarms and smoke detectors shall not be installed within a 36 in. (910 mm) horizontal path from the tip of the blade of a ceiling-suspended (paddle) fan. (8) Where stairs lead to other occupied levels, a smoke alarm or smoke detector shall be located so that smoke rising in the stair- way cannot be prevented from reaching the smoke alarm or smoke detector by an intervening door or obstruction. (9) For stairways leading up from a basement, smoke alarms or smoke detectors shall be located on the basement ceiling near the entry to the stairs. (10) For tray-shaped ceilings (coffered ceilings), smoke alarms and smoke detectors shall be installed on the highest portion of the ceiling or on the sloped portion of the ceiling within 12 in. (300 mm) vertically down from the highest point. (11) Smoke alarms and detectors installed in rooms with joists or beams shall comply with the requirements of 17.7.3.2.4. (12) Heat alarms and detectors installed in rooms with joists or beams shall comply with the requirements of 17.6.3.

Where more than one smoke alarm is required to be installed within an individual dwelling or sleeping unit, the smoke alarms shall be interconnected in such a manner that the activation of one alarm will activate all of the alarms in the individ- ual unit. The alarm shall be clearly audible in all bedrooms over background noise levels with all intervening doors closed.

Exceptions: 1. Interconnection is not required in buildings that are not undergoing alterations, repairs or construction of any kind. 2. Smoke alarms in existing areas are not required to be interconnected where alterations or repairs do not result in the removal of interior wall or ceiling finishes exposing the structure, unless there is an attic, crawl space or basement available which could provide access for interconnection without the removal of interior finishes. 3. Smoke alarms are not required to be interconnected where repairs or alterations are limited to the exterior surfaces of dwellings, such as the replacement of roofing or siding, or the addition or replacement of windows or doors, or the addition of a porch or deck. 4. Smoke alarms are not required to be interconnected when work is limited to the installation, alteration or repairs of plumb- ing or mechanical systems or the installation, alteration or repair of electrical systems which do not result in the removal of interior wall or ceiling finishes exposing the structure.

Combination smoke and carbon monoxide alarms shall be permitted to be used in lieu of smoke alarms. Systems and components shall be California State Fire Marshal listed and approved in accordance with California Code of Regu- lations, Title 19, Division 1 for the purpose for which they are installed.

Smoke alarms shall receive their primary power from the building wiring provided that such wiring is served from a commercial source and shall be equipped with a battery backup. Smoke alarms with integral strobes that are not equipped with battery backup shall be connected to an emergency electrical system. Smoke alarms shall emit a signal when the batteries are low. Wiring shall be permanent and without a disconnecting switch other than as required for overcurrent protection.

Exceptions:

1. Smoke alarms are permitted to be solely battery operated in existing buildings where no construction is taking place. 2. Smoke alarms are permitted to be solely battery operated in buildings that are not served from a commercial power source. 3. Smoke alarms are permitted to be solely battery operated in existing areas of buildings undergoing alterations or repairs that do not result in the removal of interior walls or ceiling finishes exposing the structure, unless there is an attic, crawl space or basement available which could provide access for building wiring without the removal of interior finishes. 4. Smoke alarms are permitted to be solely battery operated where repairs or alterations are limited to the exterior surfaces of dwellings, such as the replacement of roofing or siding, or the addition or replacement of windows or doors, or the addition of a porch or deck. 5. Smoke alarms are permitted to be solely battery operated when work is limited to the installation, alteration or repairs of plumbing or mechanical systems or the installation, alteration or repair of electrical systems which do not result in the removal of interior wall or ceiling finishes exposing the structure.

Fire alarm systems shall be permitted to be used in lieu of smoke alarms and shall comply with Sections R310.7.1 through R310.7.4.

R310.7.1 General. Fire alarm systems shall comply with the provisions of this code and the household fire warning equipment provisions of NFPA 72. Smoke detectors shall be listed in accordance with UL 268. Systems and components shall be California State Fire Marshal listed and approved in accordance with California Code of Regulations, Title 19, Division 1 for the purpose for which they are installed.

R310.7.2 Location. Smoke detectors shall be installed in the locations specified in Section R310.3.

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R310.7.3 Permanent fixture. Where a household fire alarm system is installed, it shall become a permanent fixture of the occupancy, owned by the homeowner.

R310.7.4 Combination detectors. Combination smoke and carbon monoxide detectors shall be permitted to be installed in fire alarm systems in lieu of smoke detectors, provided that they are listed in accordance with UL 268 and UL 2075.

R310.8.1 Group R-3 Effective Date. Existing buildings housing Group R-3 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.

R310.8.2 Health and Safety Code Section 13113.7. For purposes of clarification, Health and Safety Code Section 13113.7 is repeated. a. Except as otherwise provided in this section, a smoke detector, approved and listed by the State Fire Marshal pursuant to Section 13114, shall be installed, in accordance with the manufacturer's instructions in each dwelling intended for human occupancy within the earliest applicable time period as follows: 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. For all other dwelling units intended for human occupancy on or after January 1, 1987. However, if any local rule, regulation or ordinance, adopted prior to the compliance dates specified in paragraphs (1) and (2) requires installation in a dwelling unit intended for human occupancy of smoke detector, which receive their power from the electrical system of the building and requires compliance with the local rule, regulation or ordi- nance 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 dates specified in this section. The State Fire Marshal may adopt regulations exempting dwellings intended for human occupancy with fire sprin- kler systems from the provisions of this section, if he or she determines that a smoke detector is not reasonably necessary for fire safety in the occupancy. Unless prohibited by local rules, regulations or ordinances, a battery-operated smoke detector which otherwise meets the standards adopted pursuant to Section 13114 for smoke detectors, satisfies the requirements of this section.

-_ kler systems from the provisions of this section, if he or she determines that a smoke detector is not reasonably necessary for fire safety in the occupancy. Unless prohibited by local rules, regulations or ordinances, a battery-operated smoke detector which otherwise meets the standards adopted pursuant to Section 13114 for smoke detectors, satisfies the requirements of this section.

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, mobile homes as defined in Section 18008, and commercial coaches as defined in Section 18001.8.

c. The owner of each dwelling unit subject to this section shall supply and install smoke detectors required by this section in the locations and in the manner set forth in the manufacturer's instructions, as approved by the State Fire Marshal’s regula- tions. In the case of apartment complexes and other multiple- dwelling complexes, a smoke detector shall be installed in the common stairwells. All fire alarm warning systems supplemental to the smoke detector shall also be listed by the State Fire Marshal.

tion in_ the locations and in the manner set forth in the manufacturer's instructions, as approved by the State Fire Marshal’s regula- tions. In the case of apartment complexes and other multiple- dwelling complexes, a smoke detector shall be installed in the common stairwells. All fire alarm warning systems supplemental to the smoke detector shall also be listed by the State Fire Marshal.

d. 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. e. The owner shall be responsible for testing and maintaining detectors in hotels, motels, lodging houses and common stair- wells of apartment complexes and other multiple-dwelling complexes. 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 detectors 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. The smoke detector shall be operable at the time that the tenant takes possession. The apartment complex tenant shall be responsible for notifying the manager or owner if the tenant becomes aware of an inoperable smoke detector within his or her unit. The owner or authorized agent shall correct any reported deficiencies in the smoke detector and shall not be in violation of this section for a deficient smoke detector when he or she has not received notice of the deficiency. f. A violation of this section is an infraction punishable by a maximum fine of two hundred dollars ($200) for each offense. g. 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 detector.

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h. This section shall not apply to the installation of smoke detectors in single-family dwellings or factory-built housing which is regulated by Section 13113.8, as added by Assembly Bill No. 2285 of the 1983-84 Regular Session.

R310.8.3 Health and Safety Code Section 13113.8. Health and Safety Code Section 13113.8 is repeated. a. 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 ordi- nances, a battery-operated smoke detector shall be deemed to satisfy the requirements of this section. b. On and after January 1, 1986, the transferor of any real property containing a single-family dwelling, as described in subdi- vision (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. c. 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. For 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 deliv- ery to a transferee or transferor, unless the contract states otherwise. d. 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 adminis- tration 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 foreclosure sale after default, transfers by any foreclosure 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. e. No liability shall arise, nor any action be brought or maintained against, any agent of any party to a transfer of title, includ- ing 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 disclo- sure required to be made pursuant to this section with actual knowledge of the falsity of the disclosure. f. 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. g. 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. h. Local ordinances requiring smoke detectors in single-family dwellings may be enacted or amended. However, the ordi- nances shall satisfy the minimum requirements of this section. i. 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.

j. 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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