Local news:

Rental house fire caused by an unattended candle in the bedroom at 1:51 am. The toddler started crying (from the smoke?) which woke the adult(s).

NO SMOKE DETECTORS IN THE HOUSE!! None.

This is a long time LL who knows better.

If the toddler had not cried the whole family would be dead right now for lack of a $5 SD.

Indiana law requires SDs and a written SD Acknowledgement signed by the resident.

SDs are required outside each bedroom and we place another INSIDE each bedroom.

They are only $5, and they save lives!

BRAD

When we travel and stay with:

A Fire cheif's family

2 Chemical engineering phd's

We find their homes to not have sufficient, appropriate smoke detectors.

I do like Brad and have a clause in my lease regarding how many working smoke detectors are installed on the premises and the tenant's responsibility to test them (once per month), replace batteries, and notify me immediately if a detector is not working. For me, it's a CYA but also just basic safety and I value that for our properties and tenants. I hope they do too, but given the number of missing batteries I typically find at a turnover I think many renters are too short-sighted or lazy...and we may be enabling that to some extent with ever-increasing Govt regulations.

I agree with David that it's an over-reach to require them. I think we try too hard to stupid-proof people, which then makes them lazy..."Well, this place must be safe or the Govt would shut it down" mentality.

BIll,

This is state specific and might not protect a LL in another state. Indiana law used to hold the LL responsible for the SD working AT ALL TIMES. The LL could insert fresh batteries at noon, the res could remove them at 12:01, making the LL liable.

Indiana changed the smoke detector law a few years ago shifting the responsibility off the LL and onto the occupant.

AND

required a written Acknowledgement signed by the resident, so it's in my lease.

Mine was written by a LL atty.

Interestingly, our Fire Inspector does not know this law nor the building code requirements for SD placement.

BUT they DO check for working SDs at every fire.

Side story: a friend was remodelling his kitchen and had a SD laying on the table. A fire during the night triggered that SD and saved their lives.

.

SMOKE DETECTOR ACKNOWLEDGEMENT AND RELEASE FROM LIABILITY

I hereby state that I have inspected the subject property and have determined that the smoke detectors are in proper working order. I understand that the landlord, management, and his/her agents and legal representatives are under no obligation or duty to test or inspect the smoke detectors. I understand that the ongoing maintenance of the smoke detectors and their batteries is the responsibility of the resident according to Indiana law. I have read and fully understand this smoke detector acknowledgement and release from liability and understand that my signature on this form operates as a complete release of the landlord, management, owners, partners, agents, or legal representatives.

SIGNED X_______________________DATE____________

What about the unattended candle at 2 am. You do not leave candles unattended, they are one of the largest causes of fires. Personally I don't like candles at all since it is so easy to forget. I don't like going to someones home with a group of people and candles are burning in multiple rooms, next to books or papers or sofas. That makes me even more nervous since a guest may not realize they knocked it over.

Fun facts:

Current building code requires hard wired SDs both outside and inside each sleeping room.

"From 2009 to 2013, U.S. fire departments responded to an estimated 9,300 home structure fires started by candles, the fire department reported. Those fires caused 86 deaths, 827 injuries and $374 million in property damage, according to the National Fire Protection Association.

About one-third of home candle fires started in bedrooms, and more than half of home candle fires occurred when some form of combustible material was left or came too close to a candle."

(My lease is clear: no candles!)

BRAD

BTW the toddler was only 17 months old.

I'm switching to the detectors with the built-in batteries, just so tenant can't take them out for another use - or when they overcook something. (they can stand under it and wave a newspaper like we do, when my daughter cooks Ha!)

Thank you, LindaJ! Yes, what about that candle left unattended at 2 am?

I'm sure somebody would be going after the LL if there was loss of life/injury over a candle THEY lit.

Let's see. You put batteries, you give smoke detectors, they don't test or they remove batteries, remove detectors. Cautious, caring LL decides to install hard wired smoke detectors. I hope this candle wasn't because they forgot to pay electric- but wait! Hard wired wouldn't work if there is no power,so... what's next..purchase of a generator and training the tenant to run it? Better hope they don't run it inside or you might need a CO2 detector for that too, that is if you can keep that installed.

Could we also go after auto makers when the drivers forget or don't fix their seatbelts, too?

Slippery slope.

OTOH, hopefully this family learned a valuable lesson-even if there is no smoke detector offered by a LL you can get them free at many fire stations. That--and no candles left unattended. Tenants can blame whoever they want, but when you are gone it's too late. Great job, kiddo!

Thank you for including your smoke detector release form, Brad. Ours is a bit simpler and we will look into rewriting it!

I had a tenant who was an armed services jet electrician. He constantly pulled batteries out of detectors. He also put so many Christmas lights on the outside of the house that they kept kicking a circuit breaker. Oh, and on the inside, he ran an extension cord under a carpet runner at the front door. Fire AND trip hazard.

When I take Move IN photos I'm careful to include all SDs in the pix.

I don't have a count but I have the photos proving they were in place at move in.

Why a candle a 1:50am...a little "romance" then fall asleep.

I suggest a night light instead of a candle!

Wifey uses candles to make the house smell pretty.

haha plenty!

"...or do I also have to provide an infant?"